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am no 201 of 1985 _------'__-_ __ _-----the additional duties of excise (textiles and textile articles) amendment bill, 1985 billfurther to amend the additional dutieb of ezcibe (teztiles and teztile articles) act, 1978 be it enacted by parliament in the thirty-sixth year of the republic of india as follows:-1 (1) this act may be called the additional duties of excise (textiles and textile articles) amendment act, 1985 5 (2) it shalj come into force on such date as the central goyernment short title and rommenc:ement may, by notification in the official gazette, appoint 2 in the additional duties of excise (textiles and textile articles) act, 1978,-(a) section 2 shall be omitted; schedule shall be amendment of act 40 of 1978 10 (b) for the schedule, the following substituted, namely:- "the schedule (see section 3) no,1 in this schedule, "chapter" and "heading" mean a chapter or heading in the schedule to the central excise tariff act, 1985 2 the tules fo~ the interpretation of the schedule to the central excise tariff act, 1985 and the section and chapter notes of the said schedule, shall apply for the purposes of classification of goods specified in this schedule: -5 s no description of goods --- -- -(1)------- --(2) ___ •••• _ •• _ ••• v __ •• ____________ ~--- •• -•••• -1 silk that is to say, all goods falling within chapter 50 2 wool, that is to say, all goods falling within chapter 51 3 cotton, that is to say, all goods falling within chapter 52 10 4 man-made filaments, that is to say, all goods falling within chapter 54 5 man-made staple fibres, that is to say, all goods falling within chapter 55 6 'l'erry towelling and similar woven terry fab~cs 15 fawdg within heading no 58" 7 tude and other net fabrics, not ineluding woven, lmitted or croche1e4 fabrics; lace in the piece! in strips or in motifs, falling within heading no 5804 8 knitted or crocheted fabrics, that is to say, all goods 20 falling within chapter • " ---- ------------additional duty at the rate ot 1$ pm' cent of the basic excise duty (leviable under the central excises and salt act, 1944) is leviabje on textiles and textile articles specified in the schedule to the additional d\1ues of excis4t (t xti~ and textile article$) act, 1978 the proceeds f-om the levy ej'8 idwn~ for subpdising the production of ~ntrolle4 :f"br~ the ta,riti entries ill the sqbeclule to the act ~ ~dopted front the first schedule to the central excues and salt act, 1944 2 it is proposed to specify the central excise tariff· by a separate central excise tariff act which will :replace the existing tariff as contained in the first schedule to the central excises and salt act, 1944-the new tariff proposed will be more detailed and comprehensive it is, therefore, necessary to make the r~quisite consequential changes in the additional duties of ~ise (t&xtiles and textile articles) act, 1978, so as to conform to the entries in the new central excise tariff 3 the bill seela to give e'ffect to the above object vlshwanath pratap singh new dam: the 29th nowmbt!r 1986 i p~esjdlnrs i,eco¥ken1)ation undd article 117 of the consm'ution of india[copy of letter no 355/2/85-tru (cetb) dated the 29th november, uji6 :fllom shri vishwanath pratap singh, minister of finance to the seeretarr-qeneral, lok sabha] the president having been informed of th~ subj~ct matter of the proposed bill further to amend the additional duties of excise (textiles and textile articles) act, 1978 recollljllands umer clause (1) of article 117 of the constitution, the introdueti,on of the am in lo}t babha extracts from the additional dtrnes of excise (textnes and textile almcta) mt, 1978 (<loof 1978) ' - - - - 1 of 1944 - z in this act, "cotton fabrics", "silk fabrics", "wollen fabrics" ''man· deflnimade fabrics" md "wool tops" shall have the meanings respectively tiona assigned to them in items nos 19, 20,21, 22 and 43 of the first schedule to the central excises and salt act, 1944 - - the schedule(see" section, 3) | s no ||-----------|| (l) || (2) |1 man-made fibres, other than mineral fibres, man·made filament yarns, cellulosic spun yarn and non~llu1osic wastes, all sorts as described in item no 18 i, 18 ii, 18 m and 18 iv respectively of the first schedule to the central excises and sillt act, 1944 ; ; 2 cotton yarn, all sorts as described in item no 18a of t¥ firat schedule to the central excises and salt act, 19k 3 woollen and acrylic spun yarn as described in item no i8b of the first schedule to the central excises and salt act, 1944 4 non-cellulosic spun yarn as described in item no l8e of the first schedule to the central elreises and salt act 1944 5 cotton fabrics 6 silk fabrics 7 woollen fabrics 8 man·made fabrics 9 wool tops - extile further to amend the additional duties of excise articles) act, 1978 "' rrextneft i i (sh,i viobhwanath p,atap singh, minister of finance)

Parliament_bills

c68f01f8-e847-5912-99e3-e231e13fee68

bill no 273 of 2017 the agricultural and other unorganised workers (protection and welfare) bill, 2017 by shri shivaji adhalrao patil, mp abillto provide for the protection from exploitation and anti-labourers practices of the agriculturaland other unorganized workers and for the welfare measures to be implemented by the central and state governments for such workers by way of establishing a welfare authority alongwith a welfare fund to ensure minimum wages, pension and provident facilities, compensation in case of accidents, maternity and creche facilities and medical care to the women workers and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the agricultural and other unorganized workers (protectionand welfare) act, 2017short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires,—(a) "agricultural worker" means a person who works as a labourer on hire or in exchange whether in cash or kind or partly in cash and partly in kind working, in any of the agricultural operations of other person or employer;(b) " appropriate government" means in the case of a state, the government of that state, and in other cases, the central government:(c) "authority" means the agricultural and other unorganized workers welfare authority established under section 3:5(d) "employer" means any person who employs whether directly or through any other person or contractor, whether on behalf of himself or on behalf of any other person, one or more worker for any work or the work connected with the agricultural or horticulture operations;(e) "prescribed" means prescribed by rules made under this act;10(f) "unorganized workers" means those workers who are unreorganized and are not member of any labour trade unions and hired to do any work by any other person or employer;(g) "welfare fund" means the agricultural and other unorganized workers welfare fund established under this act153 (1) for the purposes of this act, the central government shall, as soon as may be but within six months from the commencement of this act, by notification in the official gazette, establish the agricultural and other unorganized workers welfare authority20(2) the authority shall be a body corporate by the name aforesaid having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be suedestablishment of the agricultural and other unorganized workers welfare authority(3) the headquarters of the authority shall be at pune in the state of maharashtra and the authority may establish offices at other places in the country as it may deem necessary for carrying out the purposes of this act(4) the authority shall consist of the following members, namely:—25(a) a chairperson to be appointed by the central government having the background and authority of labour related issues or of a farmer or of the judiciary;(b) a deputy chairperson to be appointed by the central government having such qualification as may be prescribed;30(c) five members of parliament of whom three shall be from lok sabha and two from the rajya sabha to be nominated by the respective presiding officers of the houses;(d) four members to be appointed by the central government to represent the union ministries of agriculture and farmers welfare, labour and employment, finance and rural development, respectively;35(e) four members to be appointed by the central government from amongst the agricultural and other unorganized workers covered under this act;(f) four members to be nominated by the governments of the states to be rotatedamongst the states in alphabetical order40(5) the term of office of the chairperson, deputy chairperson and members of the authority and the procedure to be followed in the discharge of the functions of the authority shall be such, as may be prescribed(6) the authority shall have a secretariat with such officers and members of staff and with such terms and conditions of services as may be prescribed from time to timefunctions of the authority454 (1) it shall be the duty of the authority to promote and undertake by such measures as it thinks fit or deem necessary and expedient, welfare measures for the agricultural and other unorganised workers(2) without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for:—(a) maintaining district-wise register of all the agricultural and other unorganisedworkers with such particulars and in such manner, as may be prescribed;5(b) maintaining land records from village level to district level in such manner asmay be prescribed;(c) maintaining district-wise register of employers employing agricultural workersof unorganised workers, as the case may be, with such particulars and in such manner as may be prescribed;10(d) making available of work round the year to the agricultural and otherunorganised workers;(e) maintaining district-wise list of physicians and clinics and hospitals recognisedfor treatment, both indoor and outdoor facilities, of agricultural and other unorganised workers;15(f) maternity and creche facilities for the female agricultural and other unorganisedworkers covered under this act;(g) payment of old age pension to the agricultural and other unorganised workers; (h) provident fund facility to the agricultural and other unorganised workers; (i) educational facilities for the children of agricultural and other unorganisedworkers;20(j) insurance cover for the agricultural and other unorganised workers for suchworks and in such manner as may be prescribed; and(k) such other provisions as the authority may deem necessary for the purposesof this act25establishment of the agricultural and other unorganised workers welfare funds5 (1) the central government shall, by notification in the official gazette, establishthe agricultural and other unorganised workers welfare fund for the purposes of this act with initial corpus of rupees two thousand crore to be provided by the central government by due appropriation made by law by parliament in this behalf and thereafter the centralgovernment, state governments and the employers shall contribute to the welfare fund to such extent and in such manner, as may be prescribed30(2) the welfare fund may also receive moneys from corporate houses, financialinstitutions both domestic and international ones, individuals and bodies in the form of contributions or donations35(3) all moneys received in the welfare fund shall be utilized for the welfare of theagricultural and other unorganised workers by the authority in such manner as may be prescribed from time to time6 notwithstanding anything contained in any other law for the time being in force:—provisions relating to employers(a) no employers shall engage any agricultural worker or other unorganisedworker, as the case may be, unless such worker has registered himself with the authority;40(b) every employer shall pay minimum wages to the worker engaged by him orsuch wages in cash or kind as may be voluntarily agreed by such worker;(c) no employer shall deduct the wages of his worker in case he mets with an accident, or falls ill or has to take leave for maternity purposesfunds of the authority457 the central government shall provide, after due appropriation made by parliament by law in this behalf requisite funds for the expenditures of the secretariat and other purposes of this act from time to time8 it shall be the duty of the appropriate government to provide necessary assistance to the authority in executing the provisions of this act within the territorial jurisdiction of such governmentsappropriate government to ensure compliance of the provisions annual report59 the authority shall submit an annual report in such form and in such manner asmay be prescribed, of its activities pertaining to welfare of agricultural and unorganised workers covered under this act to the president of india, who shall cause the report to be laid before both the houses of parliament along with action taken by the central government thereon after its receipt, as soon as may bepenalty1010 notwithstanding anything contained in any other law for the time being in forcewhoever contravenes any of the provisions of this act shall be guilty of an offence and shall be punishable with simple imprisonment, which shall not be less than three months but may extend to one year and also with fine which may extend to two lakh rupees11 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forceact to supplement other laws15power to make rules12 (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 reasonsaccording to national commission for enterprises in the unorganised sector, unorganised sector as consist of all unincorporated private enterprises owned by individuals or households engaged in the sale or production of goods and services operated on a proprietary or partnership basis and with less than ten total workers amongst the characteristic features of this sector are ease of entry, smaller scale of operation, local ownership, uncertain legal status, labour-intensive and operating using lower technology based methods, flexible pricing, less sophisticated packing, absence of a brand name, unavailability of good storage facilities and an effective distribution network, inadequate access to government schemes, finance and government aid, lower entry barriers for employees, a higher proportion of migrants with a lower rate of compensation employees of enterprises belonging to the unorganised sector have lower job security and poorer chances of growth, and no leaves and paid holidays, they have lower protection against employers indulging in unfair or illegal practicesit has rightly been said that our country lives in villages because nearly 80 per cent of our country's population is living in the rural areas and in one way or the other depends on agriculture the agricultural workers who are unorganized too constitute majority of rural labour in the country similarly, the unorganized workers of both the urban and rural areas constitute the major chunk of the working classes in the country unfortunately, the agricultural workers and other unorganized workers remain exploited and hapless it has been observed that whereas the organized workers through their trade unions manage in most of the cases to get their genuine demands fulfilled from their employers but the unorganized workers can not even think of getting their reasonable and just demands like minimum wages, availability of work round the year, pension, pf, maternity benefits, creche, medical care, accident insurance, etc fulfilled by their employers they don't even get two square meals and remain hand to mouth and indebted throughout their lives their condition in the society is going from bad to worse every day and there is no legal protection for these poor workers the central government has introduced a bill for the protection of unorganized workers in parliament, but it does not cover the entire gamut of the unorganized workers and it will take its own time to become an act of parliament and its commencement since our democracy is wedded to welfare state it is high time that the unorganized workers too get their share in the development of the nation and state should implement various welfare measures for them by establishing an independent authority for the purpose and extend all possible legal protections to the vast section of the societyhence this billnew delhi ;27 november, 2017shivaji adhalrao patil financial memorandumclause 3 of the bill provides for the establishment of the agricultural and other unorganised workers welfare authority clause 5 of the bill provides for the agricultural and other unorganised workers welfare fund with initial corpus of rupees two thousand crore to be provided by the central government clause 7 of the bill makes it obligatory for the central government to provide requisite funds from time to time the bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees thirty thousand crore india per annuma sum of rupees three thousand crore may also involve as non-recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 12 of the bili empowers the central government to make rules for carrying out the purpose 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 protection from exploitation and anti-labourers practices of the agriculturaland other unorganized workers and for the welfare measures to be implemented by the central and state governments for such workers by way of establishing a welfare authority alongwith a welfare fund to ensure minimum wages, pension and provident facilities, compensation in case of accidents, maternity and creche facilities and medical care to the women workers and for matters connected therewith and incidental thereto————(shri shivaji adhalrao patil, mp)gmgipmrnd—2757ls(s3)—21-12-2017

Parliament_bills

e98a65e7-e378-5355-9d26-7ad109910cf7

bill no liii of 2015 the armed forces (special powers) amendment bill, 2015 a billfurther to amend the armed forces (special powers) act, 1958be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the armed forces (special powers) amendment act, 2015 (2) it shall come into force with immediate effectshort title and commencement28 of 1958amendment of section 652 in the armed forces (special powers) act, 1958 (hereinafter referred to as the principal act), in section 6, the following provisio shall be inserted, namely:—"provided that no such sanction for the institution of any prosecution, suit or legal proceeding shall be required against any public servant, police officer, or a member of45 of 1860the armed forces on active duty in an areas notified as a disturbed area, if he is accused of having committed a sexual offence under section 375, sub-sections (1) & (2)of 376, section 376a, section 376c, section 376d or section 376e of the indian penal code, 1860"53 in the principal act, after section 6, the following section shall be inserted, namely:—insertion of new section 6a breach of superior command responsibility10"6a (1) whoever, being a public servant in command, control or supervision of the police or armed forces, or assuming command whether lawfully or otherwise, fails to exercise control over persons under his or her command, control, or supervision and as a result of such failure offences under section 375, sub-section (1) & (2) of section 376, section 376a, section 376c, section 376d or section 376e of the indian penal code are committed, by persons under his or her command, control or supervision, shall be guilty of the offence of breach of command responsibility, where:—15(a)such public servant either knew or owing to the circumstances shouldhave known that the persons under his or her command, control or supervision may commit such offences; and(b)such public servant failed to take necessary and reasonable measures within his or her power to prevent or repress the commission of the said offences20(2)whoever is guilty of the offence of breach of command responsibility shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years" statement of objects and reasonsthe armed forces (special powers) act, 1958 was enacted as an enabling legislation to vest certain special powers in members of armed forces deployed in areas notified as "disturbed areas" to act in aid of the local civil administration in quelling threats posed to the law and order and security interests of the state the act vests certain special powers in the armed forces to enable them to carry out their duties effectively and grants them immunity from prosecution in respect of anything done or purported to be done in exercise of powers conferred under this acthowever, the perpetration of sexual violence and rape on the local population can, under no circumstances be said to have been committed in furtherance of the effective discharge of their official duties or in pursuit of any lawful objective in the event that such an act of rape or sexual violence is committed by any public servant, including police officers and members of the armed forces, there is no reason to grant them immunity from prosecution for such an offence, or await the grant of a sanction to institute legal proceedings aimed at remedying the grievances of victims of sexual violence in areas already affected by law and order disturbances and insurgenciesthe tight structure of command, and obedience that is inherent to law enforcement agencies and armed forces personnel dictates that if a superior officer fails to restrain his subordinates from committing rape or acts of sexual violence that are, and always will be beyond their authority to discharge their official duties, they too, must be held liable for having failed to properly discharge their duties in a lawful manner the introduction of the offence of breach of command responsibility was also proposed by the justice verma committee in its report on amendment to criminal laws in 2013hence this billavinash pande annexure extracts from the armed forces (special powers) act, 1958 (28 of 1958)| ||---------------|| protection to || person acting || under act |6 no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this act| | | | | ||------|------|------|------|-----| rajya sabha———— a billfurther to amend the armed forces (special powers) act, 1958————(shri avinash pande, mp)gmgipmrnd—3390rs(s3)—07-12-2015

Parliament_bills

1df2e9da-5dbc-59dc-89ca-6791da6c21db

bill no 88 of 2007 the national capital territory of delhi laws (special provisions) second bill, 2007 a billto make special provisions for the national capital territory of delhi for a further period up to 31st december, 2008 and for matters connected therewith or incidental theretowhereas there had been phenomenal increase in the population of the national capital territory of delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the master plan of delhi, 2001 and the relevant acts and building bye-laws made thereunder;and whereas the master plan of delhi 2001 has been extensively modified and notified by the central government on 7th february, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities;and whereas the master plan of delhi with the perspective for the year 2021specifically provides for strategies for housing for urban poor as well as to deal with the informal sector;and whereas a revised policy for relocation and rehabilitation of slum dwellers in the national capital territory of delhi is also under consideration of the central government;and whereas a strategy and a scheme has been prepared by the local authorities in the national capital territory of delhi for regulation of urban street vendors in accordance with the national policy for urban street vendors and the master plan for delhi, 2021;and whereas some time is required for making orderly arrangements in accordance with the revised policy for relocation and rehabilitation of slum dwellers of delhi as well as for putting in place the scheme for regulation of urban street vendors in terms of the master plan of delhi, 2021 and also the national policy in this regard;and whereas the central government has considered and finalised a policy regarding regularisation of unauthorised colonies, village abadi area and its extension, as existed on the 31st day of march, 2002 for which the guidelines are being framed;and whereas the central government require time to take a considered view on the policy regarding existing farm houses involving construction beyond permissible building limits and regarding schools, dispensaries, religious institutions and cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, inter alia, in the light of recommendations of the expert committees constituted by the central government in the year 2006;and whereas the national capital territory of delhi laws (special provisions)ordinance, 2007 for making special provisions for the areas of the national capital territory of delhi for a further period of one year promulgated on 4th july, 2007 will cease to operate from the 21st day of september, 2007;and whereas the national capital territory of delhi laws (special provisions) bill,2007 introduced in parliament to replace the national capital territory of delhi laws (special provisions) ordinance, 2007 could not be taken up for consideration and passing since parliament adjourned sine die;and whereas it is expedient to have a law in terms of the master plan of delhi, 2021, in continuation of the said act for a period up to 31st december, 2008 to provide temporary relief and to minimise avoidable hardships and irreparable loss to the people of the national capital territory of delhi against any action by the concerned agency in respect of persons covered by the policies referred to above which are expected to be finalised within the period so extended;be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the national capital territory of delhi laws (special provisions) second act, 2007(2) it extends to the national capital territory of delhishort title, extent, commencement and duration(3) it shall be deemed to have come into force on the 19th day of may, 200710 of 1897(4) it shall cease to have effect on the 31st day of december, 2008 except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 1897, shall apply as if this act had then been repealed by a central actdefinitions2 (1) in this act, unless the context otherwise requires,—66 of 1957 punjab act 3 of 1911 61 of 1957(a) "building bye-laws" means bye-laws made under section 481 of the delhi municipal corporation act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the punjab municipal act, 1911, as in force in new delhi or the regulations made under sub-section (1) of section 57 of the delhi development act, 1957, relating to buildings;66 of 1957(b) "delhi" means the entire area of the national capital territory of delhi except the delhi cantonment as defined in clause (11) of section 2 of the delhi municipal corporation act, 1957;(c) "encroachment" means unauthorised occupation of government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;66 of 1957 44 of 1994 61 of 1957(d) "local authority" means the delhi municipal corporation established under the delhi municipal corporation act, 1957, or the new delhi municipal council established under the new delhi municipal council act, 1994, or the delhi development authority established under the delhi development act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction;61 of 1957(e) "master plan" means the master plan for delhi with the perspective for the year 2021 notified, vide the notification number so141(e), dated 7th february, 2007under the delhi development act, 1957;(f) "notification" means a notification published in the official gazette; (g) "punitive action" means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;(h) "relevant law" means in case of—61 of 1957(i) the delhi development authority, the delhi development act, 1957;66 of 1957(ii) the municipal corporation of delhi, the delhi municipal corporation act, 1957; and44 of 1994(iii) the new delhi municipal council, the new delhi municipal council act, 1994; (i) "unauthorised development" means use of land or use of building or construction of building or development of colonies, village abadi area and its extension, carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the master plan or zonal plan or layout plan, as the case may be, and includes any encroachment (2) the words and expressions used but not defined herein shall have the meanings respectively assigned to them in the delhi development act, 1957, the delhi municipal corporation act, 1957 and the new delhi municipal council act, 199461 of 1957 66 of 1957 44 of 1994enforcement to be kept in abeyance3 (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:(a) policy for relocation and rehabilitation of slum dwellers and jhuggi-jhompri clusters in accordance with provisions of the master plan of delhi, 2021 to ensure development of delhi in a sustainable, planned and humane manner; (b) strategy for regulation of urban street vendors in consonance with the national policy for urban street vendors and hawkers as provided in the master plan of delhi, 2021;(c) scheme containing guidelines for regularisation of unauthorised colonies, village abadi area and its extension, as existed on the 31st day of march, 2002, and where construction took place even beyond that date and up to the 8th day of february, 2007;(d) policy regarding existing farm houses involving construction beyond permissible building limits; and(e) policy regarding schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land (2) subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo —(i) as on the 1st day of january, 2006 in respect of encroachment or unauthorised development; and(ii) in respect of unauthorised colonies, village abadi area and its extension, which existed on the 31st day of march, 2002 and where construction took place even beyond that date and up to the 8th day of february, 2007, mentioned in subsection (1), shall be maintained(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of december, 2008(4) notwithstanding any other provision contained in this act, the central government may, at any time before the 31st day of december, 2008, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be4 during the period of operation of this act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:—provisions of this act not to apply in certain cases(a) encroachment on public land except in those cases which are covered under clauses (a), (b) and (c) of sub-section (1) of section 3;(b) removal of slums and jhuggi-jhompri dwellers, hawkers and urban street vendors, unauthorised colonies or part thereof, village abadi area and its extension, in accordance with the relevant policies approved by the central government for clearance of land required for specific public projects5 the central government may, from time to time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of this act and it shall be the duty of the local authorities to comply with such directionspower of central government to give directions6 (1) the national capital territory of delhi laws (special provisions) second ordinance, 2007 is hereby repealedrepeal and savingsord7 of 2007 ord 7 of 2007(2) notwithstanding such repeal, anything done or any action taken under the national capital territory of delhi laws (special provisions) second ordinance, 2007, shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe "delhi laws (special provisions) act, 2006" was enacted to address on priority the several orders and directions passed by the supreme court and the high court of delhi in cases pending before them regarding a number of burning issues which were confronting the city of delhi at that time, namely unauthorised constructions, commercial use of residential premises, encroachment on public land by slum dwellers and jhuggi-jhompri clusters (jj clusters), problems relating to urban street vendors and which were affecting the lives of millions of people2 the act, inter alia, provided the central government with a time period of one year to take all possible steps to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to mixed land use not conforming to the master plan, construction beyond sanctioned plans, and encroachment by slum and jj (jhuggi-jhompri) dwellers, hawkers and urban street vendors it also provided for status quo as on 1st day of january, 2006 to be maintained in respect of these categories of unauthorised development, subject to certain conditions notwithstanding any judgment, decree or order of any court similarly, it provided that all notices issued by the local bodies for initiating action against these categories of unauthorised developments shall be deemed to have been suspended and that no punitive action shall be taken during the said period of one year3 the delhi laws (special provisions) act, 2006 was effective for a period of one year and lapsed on 18th may, 2007 in the intervening period, the master plan for delhi 2021 was notified on 7th february, 2007, incorporating extensive amendments in respect of provisions governing mixed land use, and for construction beyond sanctioned plans, thus providing much needed relief in the case of unauthorised development with regard to mixed land use not conforming to the master plan and to construction beyond sanctioned plans4 however, the policy guidelines and feasible strategy or scheme to deal with the problems of unauthorised development in certain categories such as slum and jj dwellers , urban street vendors and hawkers, farm houses, schools, dispensaries, religious institutions, cultural institutions built in rural areas on agricultural land are yet to be finalised5 therefore, since it was felt that some more time is required for making orderly arrangements for preparing policy guidelines, feasible strategies, or schemes for these categories of unauthorised developments, the national capital territory of delhi laws (special provisions) ordinance, 2007 was promulgated on 4th july, 20076 accordingly, the national capital territory of delhi laws (special provisions) bill,2007 was introduced in the lok sabha on 17th august, 2007 subsequent to introduction of the bill in lok sabha and before the same could be taken up for consideration, certain amendments to the bill became necessary in view of some important developments in regard to sealing of commercial premises based on the recommendations of the monitoring committee, the supreme court ordered that within a period of three weeks from 27th august, 2007, commercial uses in unauthorised colonies shall stop functioning from the premises except to the extent that the 24 categories which are permitted in the regular areas shall not affect those commercial premises if they are up to 20 sqm similarly, based on representations received and discussions held, it was felt that storages, warehouses and godowns meant for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land also needed to be included in the list of unauthorised development to be protected so as to avoid any adverse impact on account of their sudden closure by sealing7 in view of these developments, it was considered necessary that the scope of the proposed national capital territory of delhi laws (special provisions) bill, 2007 may be widened to maintain status quo in respect of unauthorised colonies as well as storages, warehouses and godowns meant for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, which was approved by the union cabinet, at its meeting held on 6th september, 2007 before the aforementioned official amendments, could be moved for consideration and approval, the monsoon session of parliament which was scheduled up to 14th september, 2007 was adjourned sine die and as a result, the ordinance became liable to lapse on the expiration of six weeks from the date of the reassembly of parliament as per the provisions of article 123 of the constitution8 in view of the exigencies explained in the preceding paras, it became necessary to promulgate the second ordinance to maintain status quo so that no punitive action is taken during this period in respect of unauthorised development as given above it was decided that the scope of proposed ordinance be widened to also include the village abadi and its extension this decision was taken to prevent loss and damage to people living in a large number of villages in the national capital territory of delhi9 it was felt that the status quo is to be maintained in respect of the following categories of unauthorised development: slum dwellers and jj clusters, hawkers and urban street vendors, unauthorised colonies, village abadi areas and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions and storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land10parliament was not in session and the circumstances existed which render it necessary to take immediate action to give continued effect to the plan, scheme and policies aforesaid, to promulgate the national capital territory of delhi laws (special provisions) second ordinance, 2007 on the 15th september, 2007 with a further duration up to 31st december, 2008 so as to complete the aforesaid course of action11the national capital territory of delhi laws (special provisions) second bill,2007seeks to replace the national capital territory of delhi laws (special provisions) second ordinance, 2007new delhi;the 15th november, 2007s jaipal reddy lok sabha———— a billto make special provisions for the national capital territory of delhi for a further period up to 31st december, 2008 and for matters connected therewith or incidental thereto————(shri s jaipal reddy, minister of urban development)mgipmrnd—4563ls—16112007

Parliament_bills

1ad7aca9-2432-56e2-94c2-facab9a3999c

the appropriation (railways) no5 bill, 1960(as introducbd in lolc sabra on 6m decbmbr 1960) the appropriation (railways) no5 bill, 1960 (as introduced in lok sabha) a billto authorise payment and appropriation of certain fu~her sums from and out of the consolidated fund of india for the service of the financial year 1960-61 for the purposes of railways be it enacted by parliament in the eleventh year of the republic of india as follows:-1 'i1lis act may be called the approll'riation (railways) no5 short title act, 1960 5 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 ~~~ or"~~ the schedule amounting in the aggregate to the sum of sixty thou- con~lidated sand rupees towards defraying the several charges which will come r~~ f~: in course of payment during the financial year 1960-61, in respect of the financial 10 the services relating to railways specified in column 2 of the sche- year j960-61 dule 3 the sums authorised to be paid and i'pplied from and out of ~ropria­the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to 15 the aid year 3 no of vote ---semcea m4 purpoael sums dot aceedidg -voted bj charged-parliament the comolidated fund -total ----a rl-60000 ----6o~o 10 i re ra miece11ancoue &peaditure 60000 -----------toral 60000 o statement of objects and reasonsthe bill is introduced in pursuance of article 114(1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government on railways for the financial year 1960-61 nmw delhi; the :)th december, 1960, a billto authorise payment and appropnation of c;;ertain further sums from and out of the consolidated fund of india for: the sei'v'ke of the financial year 1960-61 for the purposes of railways the f president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, read with clause (2) of article ii 5 thereof, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary

Parliament_bills

8ba1812e-fc37-56e0-97fa-745f3f5ca915

the empl()yees' provident funds (amendment) bill, 1956ai passed" i lil til salma corri gi!:ndato the employees' prlovident funds (amendm~nt) bill, 1956 -iit! inti 0 duc\id 1rx lok sybhg) ai pass£d ~ trie lik saiha1 p3ge 1, line 8,-fq! "c ant aine d" re ad ii co nt aine d" 2 - p c1 g e 10,-for line 17, ~ -"to believe to be or to have been an employee in the f"=lctory;" new delhi, the 23rd november, 1956 a ai paiisi by the lok sal""further to amend the employees' providen~ fund! act, 1952 be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the employees' provident funds short dde (amendment) act, 1956 , ! for sub-section (3) of section 1 of the employees' provident ameadmtdt 19 of ipsa funds act, 1952 (hereinafter referred to as the principal act), the of hctiod i following sub-section shall be substituted, namely:-<, "(3) subject to the provisions cantained in section 16, it applies-10 (a) to every establishment which is a factory engaged in any industry specified in schedule i and in which tuty or more persons are employed, and 15 (b) to any other establishment employing fifty or more persons or class of such establishments which the central government may by notification in the official gazette, specify in this behalf: provided that the central government may, after giving not less than two months' notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any establishment employing such number of persons less than fifty as may be specified in the notification" substitutioll 3 in sub-section (4) of section 1, clauses (f) and (1ff) of section :e::~=ih- 2, sections 5, 8, 11, 12, 13, 15, 16, 17 and clauses (ii) and (iii) of eltabliahsection 19a of the principal act for the words "factory" "a factory" ment' add ' , 'eltab/ilhand "factories" wherever they occur, the words uestablishment", "an e ra' for, establishment" and uestablishments" respectively shall be substi- s act ~ tuted f8ct ea' 4 in section 2 of the principal act,-afmmdm~ of 1ccti0d 2 (a) for clause (a), the following clause shall be substituted, namely:-"(a) "appropriate government" means--10 (i) in relation to an establishment which is a factory engaged in a controlled industry, or a mine or an oil field, the central government, and (ii) in relation to any other establishment, the state governmentj" 1$ (b) for clause (e), the following clause shall be substituted, namely:-ii (e) 'employer' means-(i) in relation to an establishment which is a factory, the owner or occupier of the factory, including 20 the agent of such owner or occupier, the legal representative of a deceased owner or occupier and where a person has been named as a manager of the factory under clause <i) of sub-section (1) of section 7 of the factories act, 1948, the person so named; and 25 63 of 1948 (ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrustea to a manager, managing director or managing agent, such manager, managing director or 30 managing agent;" 5 for section 3 of the principal act, the following section shall be substituted, namely:-substitution dnew lectioo for lectiod 3 "3 where immediately before this act -becomes applicable to an establishment there is in existence n provident fund which 35 is common to the employees employed in that establishment and employees in any other establishment, the central government power to apply iv!t to m establishmentwhich has a common provimay, by notification in the official gazette, direct that the provi- d~ lun~ sions of this act shall also apply to such other establishment" :tatill:bmeat 6 in section 19a of the principal act, for clause (i), the follow- 'rendjncdt ing clauses shall be substituted, namely:-~~ , "(i) whether an establishment which is a factory, is engaged in any industry specified in schedule i 10 (ia) whether any particular establishment is an establishment falling within the class of establishments to which this act applies by virtue of a notification under clause (b) of sub-section (3) of section 1" statement of objects and reasonsthe employees' provident funds act, 1952, applied originally to factories engaged in the six industries specified in schedule i, namely, cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles section 4 of the act, provides for the extension of the a~t to other factories by a notification in the official gazette of late, there has been a persistent demand for the extension of provident fund benefits to all industrial workers, and the act has recently been extended to seventeen additional factory industries by notification section 4, however, provides for application of the act to factory industries only there is no provision in the act enabling its extension to other establishments like plantations, mines, commercial establishments, etc it is, therefore, proposed to include an enabling provision in the act to the effect that, subject to the exemptions provided in section 16 the act shall apply to any establishment or class of establishmebts as may be specified by the central government by notification in the oftlcial gazette the bill seeks to provide for this object khandubhai k desai new delhi; the 7th november, 1956 financial memorandumthe bill contemplates the extension of the employees' provident funds act and the scheme framed thereunder to non-factory indw; tries like plantations, mines, commercial establishments, etc the cost of administering the act and the scheme will mainly be recovered from employers the centre's responsibility will be confined to supervision and co-ordination for this purpose some additional staff may be required in the central secretariat it is not possible to estimate accurately at present the extra staff required for the purpose, but the extra cost on this account is not likely to exceed rs 25,000/- per annum memorandum regarding delegated legislationclause 2 of the bill amends sub-section 3 of section 1 of the act relating to its application the new section empowers the central government to bring under the purview of the act, by notification in the official gazette, any establishment or class of establishments, in respect of the employees whereof it is of the opinion that a provident fund scheme should be framed under the act the section as it now stands only provides for the extension of the act to factory industries and so power is being obtained to cover other establishments ' the delegation is of a normal character extracts from the employees' provident funds act, 1952 (19 01' 1952) - • - • - •1 (1) - • - • - • short ride extent ani commence-(3) subject to the provisions contained in section 16, it applies ment in the first instance to all factories engaged in any industry specified in schedule i in which fifty or more persons are employed, but the central government may, after giving not less than two months' notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to all factories employing such number of persons less than fifty as may be specified in the notification and engaged in any such industry (4) notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 16, where it appears to the central government, whether on an application made to it in this behalf or otherwise, that the employer and the majority of employees in relation to any factory have agreed that the provisions of this act should be made applicable to the factory, it may, by notification in the official gazette, apply the provisions of this act to that factory 2 in this act, unless the context otherwise requires,-(a) liappropriate government" means--(i) in relation to a factory engaged in a controlled industry or in an industry connected with a mine or an oilfield, the central government, and (ii) in relation to any other factory the state government; - • - • - (e) liemployer" in relation to a factory means the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (/> of sub-section (1) of section 7 of the factories act, 1948 (lxiii of 1948), the person so named; (f) "employee" means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of a factory, and who gets his wages directly or indirectly from the employer and includes any person employed by or thrm,tgb a contractor in or in connection with the work of the factory; - • - • - • (fii> "exempted factory" means a factory in respect of which an exemption has been granted under section 17 from the operation of all or any of the provisions of any scheme, whether such exemption has been granted to the factory as such or to any person or class of persons employed therein; - • - • - • po~r ato 3 where immediately before this act becomes applicable to a app y ct to f t th t 'd t f d h' h ' t establishac ory ere is 1d exis ence a provi en un w ic is common 0 mh edt which the employees employed in a factory to which this act applies and as a common employees in any other establishment the central government may, f!'~~i!: a by notification in the official gazette, direct that the provisions of factory this act shall also apply to that establishment and thereupon the employees' provident fund schemes establishment shall be deemed to be a factory for all the purposes of this act - - - - - 5 (1) the central government may, by notification in the official gazette, frame a scheme to be called the employees' provident fund scheme for the establishment of provident funds under this act for employees or for any class of employees and specify the factories or class of factories to which the said scheme shall apply and there shall be established, as soon as may be after the framing of the scheme, a fund in "l!co~'(bnce with the provisions of this act and the scheme (2) a scheme framed under sub-section (1) may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the scheme - - - - 8 any amount due-| mode ||-------------|| lccoyery || of || mont:ys due || from em- || ployers |(a) from the employer in relation to a factory to which any scheme applies in respect of any contribution payable to the fund, damages recoverable under section 14b, accumulations required to be transferred under sub-section (2) of section 15 or any charges payable by him under any other provision of this act or of any provision of the scheme; or (b) from the employer in relation to an exempted factory in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of the conditions speeifted under section 17, may, if the amount is in arrear, be recovered by the appropriate government in the same manner as an arrear of land revenue - - - - 11 where any employer is adjudicated insolvent or, being a com- priority ot pany, an order for winding up is made, the amount due--pa)'dlctribdt !3f cal uuods· (4) from the employer in relation to a factory to which any ~:~~cr scheme applies in respect of any contribution payable to the fund damages recoverable under section 14b, accumulations required to be transferred under sub-section (2) of section 15 or any charges payable by him under any other provision of this act or of any provision of the scheme; or (b) from the employer in relation to an exempted factory in respect of any contribution to the provident fund (in so far u it relates to exempted employees), under the rules of the provident fund, damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified under section 17, ahall, where the liability therefor haa accrued before the order of adjudication or winding up is made, be deemed to be included 12 no employer in relation to a factory to which any scheme bmplojv applies shall, by reason only of his liability for the payment of any =~ contriblhion to the fund or any charges under this act or the will", etc scheme, reduce, whether directly or indirectly the wages of any employee to whom the scheme applies or the tow quantum of benefits in the nature of old age pension, gratuity or provident fund to which the employee is entitled under the terms of his employment, express or implied 13 (1) the appropriate government may, by notification in the inepectors otfteial gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act or of any scheme, and may define their jurisciietion (2) any inspector appointed under sub-section (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with this act or with any scheme or for the purpose of ascertaining whether any of the provisions of this act or of any scheme have been complied with in respect of a factory to which any scheme applies or for the purpose of 8iioeriaining whether the provisions of this act or any scheme are applicable to any factory to which the scheme has not been applied or for the purpose of determining whether the conditions subject to which exemption was granted under section 17 are being complied with by the employer in relation to an exempted factory-(a) require an employer to furnish such information as he may consider necessary; (b) at any reasonable time enter any factory or any premises connected therewith and require anyone found in charge thereof to produce before him for examination any accounts books, registers and other documents relating to the employment of persons or the payment of wages in the factory; (c) examine, with respect to any matter relevant to any of the purposes aforesaid the employer, his agent or servant or any other person found in charge of the factory or any premises connected therewith or whom the inspector has reasonable cause or other documents maintained in relation to the factory; cd) make copies of, or take extracts from, any book, register or other documents maintained in relation to the factory; (e) exercise such other powers as the scheme may provide (3) every inspector shall be deemed to be a public 81ervant within the meaning of section 21 of the indian penal code (act xlv of 1860) - - - - s~ pro 15 (1) subject to the provisions of section 17, every employee vlsious re-- lating to who is a subscriber to any provident fund of a factory to which this :j~~l~o- act applies shall pending the application of a scheme to the factory-d •• in which he is employed, continue to be entitled to the benefits accruing to him under the provident fund, and the provident fund shall continue to be maintained in the same manner and subject to the same conditions as it would have been if this act had not been passed (2) on the application of any scheme to a factory, the accumulations in any provident fund of the factory standing to the credit of the employees who become members of the fund established under the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other insti1l1rient establishing the provident fund but subject to the provisions if any, contained in the scheme, be transferred to the fund established under the scheme, and shall be credited to the accounts of the employees entitled thereto in' the fund 18 this act shall not apply to-act not to apply to i al factories (a) any factory belonging to the government or a oc belonging to authority, and government or local (b) any other factory, established whether before or after ::~~r::,yto the commencement of this act, unless three years have elapsed infant from its establishment factories 1'1 (1) the appropriate government may, by notification in the power to official gazette, and subject to such conditions as may be specified aempt in the notification, exempt from the operation of all or any of the provisions of any scheme-(a) any factory to which this act applies if, in the opinion of the appropriate government, the rules of its provident fund with respect to the rates of contributio~ are not less favourable than those specified in section 6 and the employees are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under this act or any scheme in relation to the employees in any other factory of a similar character; or (b) any factory if the employees of such factory are in enjoyment of benefits in the nature of provident fund, pension or gratuity and the appropriate government is of opinion that such benefits separately or jointly, are on the whole not less favourable to such employees than the benefits provided under this act or any scheme in relation to erqployees in any other factory of a similar character explanation-the following conditions shall be deemed to be always included in the conditions which may be specified in a notification under clause (a), namely:-(i) the amount of accumulations in the provident fund shall be invested in such manner as the central government may direct; (ii) the amount of accumulations to the credit of an employee in the provident fund shall, where he leaves his employment and obtains re-employment in another factory to which this act applies be transferred, within such time as may be specified in this behalf by the central government, to the credit of his account in the provident fund of the factory in which he is reemployed or, as the case may be, in the fund established under the scheme applicable to the factory (2) any scheme may make provision for exemption of any person or class of persons employed in any factory to which the scheme applies from the operation of all or any of the proviaiodl of the scheme, if such person or class of persons is entitled to benefits in the nature of provident fund gratuity or old age pension and such benefits, separately or jointly, are on the whole not less favourable than the benefits provided under this act or the scheme: provided that no such exemption shall be granted in respect of a class of persons unless the appropriate government is of opinion that the majority of persons constituting such class desire to continue to be entitled to such benefits (3) where any person or class of persons employed in a factory is exempted from the operation of all or any of the provisions of any scheme under sub-section (2), the employer in relation to such a factory-(4) shall; in relation to -the provident fund, old age pension and gratuity to which such perlon or class of persons is entitled, maintain such accounts, submit such returns, make such investment, provide for such facilities for inspection and pay such inspection charges, as the central government may direct; and (b) shall not, at any time after the exemption, without the leave of the central government reduce the total quantum of benefits in the nature of old age pension, gratuity or provident fund to which such person or class of persons was entitled at the time of the exemption - - - - ita if any difficulty arises in giving effect to the provisions of this act ~d in particular, if any doubt arises as to-power to remove: dull culdes (0 whether a factory is engaged in any industry specified in schedule i j or (ii) whether fifty or more persons are employed in a factory; or (iii) whether three years have elapsed from the establishment of a factory; or a billfurther to amend the employees' provident funds act, 1952 - 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 (shri khandubhai k desai, minister of labour)

Parliament_bills

c0f47acc-622b-5039-9e0e-3e6b8090665b

bill no 134 of 1870 : the central board of direct taxes (valida- tion of proceedings) bill, [970 a billto provide fot validation of certain proceedings in relation to direct tazes and for matters connected therewith be it enacted by parliament in the twenty-first year of the republic of india 8s follows:-1 this act may be called the central board <1f direct taxes (valida- short tiod of proceedings) act, 1970 title valldlation ot certain proceedin,s 54 of 1963 s 2 notwithstanding any judgment, decree or order of any court or any other authority, no approval, declaration, determination, recognition, direction, instruction, notification, order or rule, or other thing or action given, made, granted, issued, ckme or taken or purporting to have been given, made, granted, issued, done or taken by the central board of direct taxes, 10 constituted under the central boards of revenue act, 1963, in the exercise of the powers or the performance of the duties entrusted to it by the central government (j"f by or under any law (not being the estate duty act, 1953) shall be deemed to be invalid or ever to have been invalid by reason only of the fact that such approval, declaration, determination is recognition, direction, instruction, natification, order, rule, thing or action was given, made, granted, issued, done or taken by any member of the said board to whom the powers or duties in that behalf had not been validly entrusted in accordance with the provisions of the aforesaid 1963 act or the rules made thereunder; and accordingly-20 (4) all acts, proceedings or things done or taken in pursuance of such approval, declaration, determination, recognition, direction, instruction, notification, order, rule, thing or action shall, for all purposes, be deemed to be, and to have always been done or taken in accordance with law; and (b) no suit or other proceeding shall be instituted or continued against the government or any person or authority whatsoever on , the ground that any such act, proceeding or thing was not done or taken in accordance with law statement of objects and reasonsrecently in the case of shri r dalmia v union of india and others the high court of delhi held that the notices issued to the petitione~ under section 148 of the income·tax act, 1961, for the re-assessment of income which had escaped assessment, were null and void as the sanction of the central board of direct taxes to the issue of such notices, as required by section 151 of the income-tax act, was granted by a member of the board to whom this work had not been validly allocated with the previous approval of the central government as envisaged by rule 4 of the central board of direct taxes (regulation <yf transaction of business) rules, 1964 during the period from june, 1964, till about july, 1969, distribution of work among the chainnan and members of the central board of direct taxes had been made from time td time without making it clear on the face of the order that such distribution had been made with the prior approval of the central government according to the decision <yf the delhi high court, various actions taken by the chah'· man and members of the board in pur~uance of those orders of distribution of work are liable to be regarded as invalid and without jurisdiction 2 under the provisions of the income-tax act and other enactments relating to direct taxes, the functions of the board cover a very wide range and include the declaration of foreign associations to be companies for purposes of taxation, distribution of jurisdiction amongst income-tax authorities, approval to the waiver or reduction of minimum penalty 1mposable in cases of voluntary disclo~ure of escaped income or wealth, besides grant of approval to re-opening of aijselsments for the assessment or re-assessment of escaped income the eftect on revenue if these actions of the chairman and members of the board are held to be invalid-due to the absence of the previous approval of the central government to the distribution of work amongst them-would be very considerable and it is not practicable even to hazard an estimate in this behalf it is, therefore, necessary to validate all such actions, taken in the past in pursuance of schemes for distribution of work amongst the chairman and members obtaining from time to time the bill seeks to give effect to this object new delhi; the 8th december, 1970 y b chavan f lull to provide for validation of cqwn prqceedidgs in re jarion to direct taxes and for ~s ~f4 t~ewit~ (shri y b chavan, miniber of finance)

Parliament_bills

ce8a1c49-d67f-57dd-9b6f-5ad3b706b339

bill no 145 of 2010 the eradication of unemployment amongst the youth belonging to the scheduled castes and the scheduled tribes bill, 2010 bydr kirit premjibhai solanki, mp a billto provide for the eradication of unemployment amongst youth belonging to the scheduled castes and the scheduled tribes by ensuring right to gainful employment and payment of unemployment allowance to the unemployed amongst them and for matters connected therewithbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the eradication of unemployment amongst the youthbelonging to the scheduled castes and the scheduled tribes act, 2010short title,extent andcommencement(2) it extends to the whole of india (3) it shall come into force at once 2 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) "fund" means the national scheduled castes and scheduled tribes youth unemployment assistance fund established under section 7;(c) "prescribed" means prescribed by rules made under this act; and5(d) "unemployed youth" means a person above the age of eighteen years belonging to the scheduled caste or the scheduled tribe not engaged in any gainful employment 3 notwithstanding anything contained in any other law for the time being in force, every unemployed youth shall have the right to gainful employment10right to gainful employment4 (1) the appropriate government shall provide gainful employment to every unemployed youth according to his age, educational qualifications and physical capabilities15appropriate government to provide employment to every unemployed youth(2) where an unemployed youth is not provided with employment or self-employment opportunities under any scheme by the government, he shall be given such monthly unemployment allowance, being not less than rupees two thousand per month, in such manner as may be prescribed, till the time he is provided with gainful employment:20provided that the unemployment allowance shall not be paid to the unemployed youth, if—(i) his income from any source is equal to the amount of unemployment allowance fixed under this act; and(ii) he is provided unemployment allowance under any scheme by the state government or union territory administration, as the case may be: provided further that if the income from any source of the unemployed youth is less than the amount of unemployment allowance, the difference between his amount of income and the amount of unemployment allowance may be provided to him25filling up of vacant posts5 the appropriate government shall take immediate steps to fill up vacant posts reserved for the candidates belonging to the scheduled castes and the scheduled tribes in the government establishments, public sector undertakings and other such organisations in a time-bound manner30generation of e m p l o y m e n t opportunities6 the appropriate government shall take steps to generate employment opportunities in public and private sector enterprises or undertakings, small scale industries, cottage and village industries, khadi and weaving industries, agriculture and food processing industries, information technology industries and other self-employment opportunities357 (1) the central government shall, as soon as may be, by notification in the official gazette, establish a national scheduled castes and the scheduled tribes youth employment assistance fund with an initial corpus of rupees fifty thousand crore and thereafter shall contribute to the fund from time to time alongwith the state governments in such ratio as may be prescribednational scheduled castes and scheduled tribes youth employment assistance fund(2) such other sums as may be received from individuals, corporate sector, financial institutions and firms by way of donation or otherwise shall also be credited to the fund40(3) the fund shall be utilized for payment of unemployment allowance to the unemployed youthact to have o v e r - r i d i n g effect8 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force459 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of any other lawpower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act510(2) every rule made under this act 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 reasonsour country is the second most populous country in the world the population explosion has given rise to unprecedented unemployment problem in the country according to an estimate, there are more than five crore unemployed youth registered in the employment exchanges of the country, while the number of unregistered unemployed youths is more than the registered ones such youth are mostly in remote, rural and semi-urban areas and their number is increasing by the day the situation of unemployment in the country is so grim that even highly qualified youth have failed to get employment millions who graduate every year, especially the youth belonging to the scheduled castes and the scheduled tribes are unemployed in spite of getting reservation benefits even after sixty-three years of independence, millions of youths belonging to scheduled castes and scheduled tribes are unemployed due to ineffective recruitment policy this is leading to frustration amongst the scheduled castes and scheduled tribes youth and they are being easily lured away by antisocial and anti-national forces to further their nefarious and destructive activities in various parts of the country in fact, many of them get involved in criminal activities and spoil their lives unemployment is also the reason for brain-drain and exodus of substantial number of skilled and unskilled youth, doctors, engineers and scientists from the country at the same time opportunities of employment are shrinking and the central government is also partially responsible for this for instance, the ministries or departments of the central government have to surrender ten per cent of the total vacancies arising due to superannuation of employees every year further, if any post remains vacant for over a year, it automatically lapsesthe agricultural sector has remained the largest employer in our country but due to vagaries of nature and non-remunerative pricing policy, employment in this sector has become less attractive same is the situation in the sector of small scale and village industries modernisation and use of new technologies in industries is also reducing employment opportunitiesour constitution confers on every citizen the right to life but this right remains only on paper in the absence of decent and meaningful source of living the supreme court has also stressed the need for necessary means and employment to enjoy the right to life enshrined in the constitution india is a welfare state and as such the onus is on the state to ensure the welfare of the scheduled caste and the scheduled tribe youth by providing gainful employment opportunities to them if the state fails to provide them gainful employment then they should be paid unemployment allowance on a monthly basis this is the need of the hour which will go a long way in ensuring a dignified life to the youth belonging to the scheduled castes and the scheduled tribeshence this bill financial memorandumclause 3 of the bill provides that every unemployed youth shall have the right to gainful employment clause 4 provides that the appropriate government shall provide gainful employment to every unemployed youth belonging to the scheduled castes and the scheduled tribes according to one's age, qualification and capability it also provides for unemployment allowance to every unemployed youth till they are provided with gainful employment clause 7 of the bill provides for the establishment of the national scheduled caste and scheduled tribe youth unemployment assistance fund with an initial corpus of rupees fifty thousand crore to be provided by the central governmentthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is difficult to give an exact estimate of the expenditure likely to be involved however, it is estimated that an annual recurring expenditure of about rupees sixty thousand crore is likely to be involved from the consolidated fund of india, in addition to the rupees fifty thousand crore as initial corpusno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purpose of the bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character lok sabha———— a billto provide for the eradication of unemployment amongst youth belonging to the scheduled castes and the scheduled tribes by ensuring right to gainful employment and payment of unemployment allowance to the unemployed amongst them and for matters connected therewith————

Parliament_bills

19a4551d-315b-5e30-a0a0-5933228ccf51

bill no 44 of 1981 , the appropriation (no3) bill, 1987 a billto authori~e payment and appropriation of certain sums trom and out of the consolidated fund of india for the ¥tvices of the jinancilll year 1g87-88 be it enacted by parliament in the thirty-eighth year of the republic of india as follows:-1 this act may be called the appropriation (no3) act, 1987 2 from and out of the consolidated fund of india there may be 5 paid and applied sums not exceeding those specified in column :l of the schedule amoun!ing in the aggregate [inclusive of the sums specified in column 3 of the schedule to the appropriation (vote on account) act, 1 o~ 19s7 1987] to the sum of two lakhs thirty-three thousand seven hundred and sixty-two crores and seventy-seven lakh rupees towards defraying the 10 several charges which will come in course of payment during the financial year 1987-88 in respect of the services specified in column 2 of the schedule short title issue of as 233762, '17,00000 out of the con· solidated fund of india for the year 1987,88 - appro· priatiod j 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 ct' departments as existing immediately before the 10th day of february, 1987 and shall, ~n or after that date, be construed as 10 references· to the appropriate ministries cir departments as reconstituted from time to time i coustruction of references to ministries and depart_ ment jq aw lcjiaujl, -------------_ ---_ ----------3 2 ! | sa | ||--------------------------|----------------|| dot | || eseeediai | || voted | || by | || parliament | || 5 | || total | || cbarpd | || go | || the | || coiiioii- | || dated | fed || no | || vi | || voee | || r~ | || rs | || as | || t· | || agriculture | || - | revenue || capital | || 227,09,00,000 | || 272,34,00,000 | || 10 | || 2270900,000 | || i | || 1234,00,000 | || i | || 260,o~:00,ooo | || i | || 2 | other services || ~ | || departmen\ | of || airi-: | || !: | || culture and | || \ | || ~ | || cooperation - | || - revenue | || capital | || 2170400000 | || 129,8000,000 | || 2j | 7,04,00,000 || 151,83,00,000 | || 15 | || 3 | department || cultural research and | || education | - revenue || 171,94,oo,ooi | || 17294,00,000 | || i | || 4 | || department | of || development | || revenue | || capital | || 2066,9800,000 | || 3600,000 | || 206698,00,000 | || 20 | || 36,00,000 | || s | \ || department | of || fertilizers | || revenue | || capital | || 1,00,000 | || 2172,64,00,000 | || 2,'1]00,000 | || 435,37,00,000 | || 277263,00000 | || 4326400000 | || ~ | || i | || 6 | || department | || of | || commorcc | || revenue | || capital | || 10143100000 | || 226,19,00,000 | || 1014,31,00,000 | || 2s | || 226,19,00,000 | || 7 | department || of | || supply | || revenue | || 15,00000 | || 18,88,00,000 | || 18,73,00,000 | || i | || 8 | ministry || communications - revenue | 7,35,00,000 || l | || 7,35,00,000 | || 9 | postal || services - | || 11,00,000 | || revenue | || cpital | || 989,89,00000 | || 37,00,00,000 | || 990,00,00,000 | || 30 | || 31,00,00,000 | || 10 | || telecommunication | || services | || revenue | || capital | || 1815,70,00000 | || 959,11,00,000 | || so,oo,ooo | || 181 | ',20,00,000 || | 1,00,000 || 959,ll,oo,ooo | || 114 ministry | || of | || defence | || rev~due | || capital | || 572,51,00,000 | || 140,50,00,000 | || | || 35 | || 601)0,00,000 | || 146,50,00,000 | || 12 | || ~ | || defence | pensions || revenue | || 703,85,00,000 | || 1,00,000 | || 703,86,00,000 | || 13 | || defence | || services- | || army | || revenue | || 6607,26,00,000 | || 'is,oo,ooo | || 6608,01,00,000 | || 615,48,00,000 | || 14 | || :oreaoo | || services- | || navy revenue | || ~,oo,ooo | || 615,50,00,000 | || 040 | || 15 | || defeace | || services-air | || | porco || rev~ | || 1647,94,00,000 | || 1~,oo,ooo | || 1648,06,00000 | |,j sam -edfelllda sticii -voted by qarjed oa tow s· or-parliameat the ceuoii-vot dated fuad i ri ri ri is-a· defence ordlllulco pactories ~ ~wnuo 65,98,00,000 2,00,000 66,00,00,000 10 l' capital outlay 011 defence sorviool capital 3970,52,00,000 7o4s,oo,ooo 39t1,97,oo,ooo 1 i 17 l department of coal revenue 130,83,00,000 130,83,00,000 capital 1188,00,00,000 1188,00,00,000 18 j department ot power rewnuo 259,55,00,000 259,55,00,000 i capital 1407,27,00,000 29u 0,00,000 1436,57,00,000 15 19 j department of non-conventional encriy 96,92,00,000 sources revenue 96,92,00,000 capital 3,65,00,000 3,65,00,000 20 20 ministry of environ-revenue 172,2400,000 172,24,00,000 i ment and forosts olpital 2,36,00,000 s ,80,00,000 8,16,00000 21 i ministry of external 325,38,00,000 i affairs - - revenuc 325,36,00,000 2,00,000 capi~al 75,05,00,000 75,05,00,000 22 i department of 25 i economic affairs revenuc 389,99,00,000 389,99,00,000 capital 97,26,00,000 97,26,00,000 "i cumncy eo;_ 30 stamps - - revenue 2918000000 29-1,80,00,000 capital 192,00,00,000 2,00,000 192,02,00,000 24 payments to financial institutions revenue 33929,00,000 339,29,00,000 capital 1394,24,00,000 1394,24,00,000 ~ pensiods - revenue 4n,32,oo,ooo 486,79,00,000 25 94 7,00,000 35 ciiaaoed-/nlerell payments revenue 10610,00,00,000 10650,00,00,000 271 transfers to state governments revenue 3173,58,00,000 799],66,00,000 11167,24,00,000 capital 85,00,00,000 84400'13,00,000 8525,23,00,000 40 28 i loans to govcrlljlledt servants, etc capital 125,00,00,000 125,00,00,000 chuoed - replljment " oflnbt , - capital i slzio,lo,oo,ooo 152120,80,00,000 30) departidcnt of 45 bxpcnditurc • revenue 303,66,00,000 303,66,00,000 31 audit revenue 175,32,00,000 3,13,00,000 178,55,00,000 32 department of revcllilo revenllo 69,85,00,000 69,85,00,000 capital 1,98,00,000 1,98,00,000 33 direct taxes revenue i 138,00,00,000 2,00,000 138,~oo,ooo so capital i 120,00,00,000 120,00,00,000 -no of vote s,rvieos and purposes sums ----------------- not cxcoedlna -------------voted by parlla-i characd on the mcnt conqojldatcd fund 5 total i i ' ------------i------_______ : _____ _ its itt 4,00,000 303,19,00,000 53,s9,00,000 303,ls,oo,ooo i '3,s9,oo,ooo ~ i 34 indirect taxes revenue capital 3' department of food , revenuo capital 1,00,000 1,00,000 2111,67,00,000 10 104,85,00,000 j3,s7,oo,ooo 6,82,00,000 : 211 1,66,oo,ooa i 104,84,oo,ooa i i 13,s7,oo,ooo : 3,47,00,000 i 3,15,00,000 ~ department of civil supplies revenue capital 37 department of health revenue capital 1,00,000 2,00,000 349,11,00,000 132,81,00000 15 349,10,oo,ooa ! 132,79,00,000 i 648,31,00,000 1,05,00,000 i i 648,31,00,000 i 1,0s,oo,000 ; i 20 3s ~rtment of family welfare revenue capital 3 9 ministry olhome affairs, - revenue :1,00,000 131,04,00,000 131,02,00,000 i 11,43,00000 40 cabinet , revenue 11,43,00,000 i 985,83,00,000 4 1 pollee revenue capital 4,00,000 $,02,00,000 84, 12,00,ooa 25 42 other expenditure of the ministry of home affairs - ,revenue capital 1,00,000 10,zz,oo,ooo 186,95,00, 000 83,63,00, 000 985,79,00,000 i 79,10,00,000 i 1116,94,00,000 i 73,41,eo,ooa i 43 transfers to union 128,56,00,000 110,93,00,000 territory govem-revenue ments capital 128,56,00, 000 30 110,93,00, 000 de'partment of education , revenue capital 1207,31,00,000 i 50,00,000 j ,00,00,000 45 department of youth affairs and sports revenue capital i 84,13,00,000 'i 3,50,oo,ooa 1207,31,00, 000 3,50,00, 000 3s 84,13,00, 000 3,50,00, ooa 46 art and culture revenue capital 105,"s,oo,ooa i 20,so,oo,ooo i 105,7s,oo, 000 2o,so,00, ooa 40 department of women & child development revenue 234,77,oo,ooa '234,77,00,000 i department of industrial d velopmcnt , revenue capital 9,00,00,000 143,00,000 345,58,00,000 87,os,00,000 336,58,00,000 i 83,62,00,000 i 49 department of cornpany affairs zz,t!io,ooo 6,55,00,000 45 revenue capital 1,00,000 6,33,00,000 i 1,00,000 i 50 department of chemicab and pctro-chemioah revenue capital i i 13,68,00,000 i 175,00,00,000 j3,68,oo000 50 175,00,00,000 ~1 department of public enterprises revenue capital 9,80,00000 301,53,00,000 9,80,00,000 301,53,00,000 total 5 sums not excccding --voted by pariia-1 charged on the ment consolidated i fund i'· l\! no services and purposes of vote -, ri rs ra 52 ministry of infonnation i and broadcasting revenue capital 57,51,00,000 2,91,00,000 57,s 1,00,000 2,91,00,000 0 10 3730300,000 334,05,oo,~ 1,00,000' 10,00,000 373,02,00,000 333,95,00,000 53 broadcastins services revenue capital 1,00,000 o 166,79,00,000 16,00,000 166,7800,000 16,00,000 15 29,76,00000 26,82,00,000 ~,94,oo,ooo s4 ministry of labour revenue capital " law and justice revenue 7j,oo,ooo 7100000 58 ministry of parliamentaryaffajrs - revenue 20 32,8~,~,ooo i 32,81,00,000 4,00,00,000 1,00,000 4,00,00,000 m1nistryorper~onnej, l" 57 public grievances and pensions revenue capital 5,89,00,000 435,83,00,000 5,89,00,000 i 435,83,00,000 58 ministry of petroleum aad natural gas revenue, capital 11,47,00,000 11,47,00000 30,76,00000 59 planning ' revenue , (0 department of statistics revenue 30,76,00,000 72,00,000 o 7200,000 61 mini stry of proljramme implementatio!1 revenue 62 department of science , 15137,00,000 863,00,000 '; 151,37,00,000 8,63,00,000 and technology revenue capital 178,32,00,000 4,40,00,000 178,32,00,000 4,40,00,000 i 63 department of scientific and industrial research revenue capital 35 40;99,00,000 40,99,00,000 64 department of bi()tecbnology - revenue o 41,01,00,000 33,27,00,000 875,4200,000 3327,00,000 834,41,00,000 65 department of steel revenue capital 5,oo,oi!io , 106,0100,000 269,95,00,000 j 05,96,00,000 269,95,00,000 66 department of mines revenue capital 41372,00,000 260,10,00,000 o 10,01,00000 413,7200,000 250,09,00,000 67 ministry oftcxtilcs revenue capital 25,9200,000 14,02,00,000 2s,9:!,oo,ooo 14,02,00,000 68 ministry ofto:lrism revcnue capital " 45 20 28 00000 20,28,00,000 112,36,00,000 " surface transport revenue capital 249,11,00,000 464,78,00000 5377,00,000 249,11,00,000 41) ,oi,ooooq 70 roads revenue capital so 1271200,000 294,8'00000 127,12,00,000 294,89,00,000 71 ports, liahthouscs and shlppiq , revenue capital _-1 3 sums 2 -total voted by parlia· mont no of vote dot elloelldldl cbaraed on tho -collsolldatod puad senlcea add purpos ra ri rio '72 mlnlltj7 of qyli a viatlon - - - revenue capita) "8600000 8,67,00,000 ",u,oo,ooo 8,67,00,000 73 urban dewlopdleni addhowioa - - revenue capita) 69,40,00,000 110,86,00,000 10 67,1100,000 93,2600,000 fl,l9,00,000 17,60,00,000 74 pubjicworb · revenue capital 14298,00,000 71,06,00,000 14298,00000 70,96,00,000 0 10,00,000 75 stationeryaod priddoa rnenue capital 67,41,00,000 3,48,00,000 674000000 3,48,00,000 1,00,000 2585500,000 13,80,00,000 2$8,51,00,000 6',20,00000 ministry of water resources · revenue capita) ~,oo,ooo jl1ooo,ooo ti ministry of welfare · revenue capital 2'9,87,00000 70,00,000 78 4'9,38,00,000 70,00000 20 252'2,00,000 48',57,00,000 2'2,'2,00,000 48',57,00,000 79 264,09,00,000 293,85,00,000 atomic baeray - · revenue capital i nuclear power schemes revenue capital 264,09,00,000 293,8',00,000 80 1991100000 79,06,00,010 57,19,00,000 department of e1ectro-revenue nic8 capital 790600,000 '7,19,00,000 81 24,42,00,000 2,31,00,000 department of ocean development · · revenue capital 24,42,00,000 2,31,00,000 " 82 196,64,00,000 151,48,00,000 departnlcdt of space revenue capital 1,00,000 2,00,000 196,63,00,000 1'14600,000 12,8600,000 6,00,000 12,80,00000 83 loksabha · revenue 4,~,oo,ooo 4,9100,000 3,00,000 84 rajya sabba · r:veoue caaaobd-slaff, hthuehold,iiil allo-"11«1 oj lhe hilsldent reveoue 1,83,00,000 1,83,00,000 86 16,00,000 16,00,000 sooretariat of tbe vice-president ~ revenue charom-union ~ puhi/csbvice commls- " :'-:'' 11011 0 revenue 8,11,00,000 4 8,11,00,000 18 delhi - revenue capital 58493,00,000 517,21,00,000 582,1400,000 i 487,0100,000 ~,79,oo,ooo 30,!il0,oo,ooo 19 andaman and nicobar islands - revenue 1,00,000 80,30,00090 50,69,00,000 capital 80,31,00,000 45 5069,00000 dadr and nqar havali - - - revenue capital li,57,oo,ooo 5,34,00,000 11,51,00,000 5,34,00,000 i sums not uoeedilll no seni_aad purposes voted by parjia-charied on the , total of diiiiit consolidated i ote fund i j rs rs rs 91 i lakshadweep ", ,if bvenue 24,61,00,000 n 24,61,00,000 i -capital 3,61,00,000 3,61,00,000 ' 10 '2 cbaadiprb i , , revenue 102,20,00,000 2']1,00,000 104,57,00,000 j capital 33,77,00,000 1,00,00,000 34,77,00,000 l'ot4l 53745,44,00,000 , 80017,33,00,000 23376277,oo,fnxl 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, excluding railways, for theftnancial year 19'87-88 b k gadhvi president's recommendation under article 117 of the constitution of india[copy of letter no f 2(83)-b(d)/87, dated the 3rd april, 1987 from shri b k gadhvi, minister of state in the department of expenditure in the ministry of finance to the secretary-general, lok sabha] the president having been informed of the subject matter of the pro posed bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the set'vice~ of the financial year 1987-88 recommends under article 117 (1) and (3) of the constitution, the introduction of the appropriation (no3) bill, 1987 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 railway5) for the year 1987-88 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 1987-88 (shri b k gadhvi, minuter of state in the department of expenditu1'e in the miniltry of finance)

Parliament_bills

aaec509f-63f5-54c0-8ca2-94da55cf957b

bill no 131 of 2016 the child development programmes coordination agency bill, 2016 byshri nishikant dubey, mp a billto provide for the constitution of the child development programmes coordination agency in order to ensure smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "agency" means the child development programmes coordination agency established under section 3;5(b) "child development programmes" means the programmes being run by the union ministry of women and child development with an object of development of children; and(c) "prescribed" means prescribed by rules made under the act3 (1) the central government shall, by notification in the official gazette, establish an agency to be known as the child development programmes coordination agency for carrying out the purposes of this act in such manner as may be prescribed10(2) the headquarters of the agency shall be at such place as may be prescribedestablishment of a child development programmes coordination agency(3) the central government shall appoint such number of officers and staff to the agency for the effective implementation of the provisions of this act15(4) the salary and allowance payable to and other terms and conditions of services of officers and staff of the agency shall be such as may be prescribed4 the agency shall—functions of the agency(a) coordinate with the agencies involved in implementation of child developmentprogrammes in such manner as may be prescribed;(b) conduct monthly review of child development programmes run by the centralgovernment;20(c) hold meetings every three months in connection with the execution ofprogramme based on the review;(d) submit half-yearly progress report and give recommendations to the centralgovernment in such manner as may be prescribed; and25(e) undertake such other functions as may be assigned to it by the centralgovernment, from time to time5 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the child development programmes coordination fund for carrying out the purposes of this act30constitution of a childdevelopment programmes coordination fund(2) the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite sums to the fund for carrying out the purposes of this act6 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 o v e r r i d i n g effectpower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act3540(2) every rule made under this 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 unfair to think of development of a nation without development of its childrenactually, child development is the foundation of national development the responsibility of ensuring health care, availability of good nutrition and quality education to children lies not only with the parents but also with the government presently, a number of programmes on child development are being run by the central government amongst which the integrated child development services (icds) scheme is the primary one, which was started in the year 1975 subsequently, many small and big programmes were introduced despite all these schemes, there seems to be a continuous deterioration in child development scenario in the country, be it the state of health or nutrition or education owing to lack of coordination in implementing these ongoing programmes, the state of child development in the country continues to be at the lowest level despite spending hundreds of crores of rupees annually therefore, the need to establish a coordination agency for ensuring smooth functioning of child development programmes and achievement of targets of such programmes within the set time-frame is inevitablehence this billnishikant dubeyapril 11, 2016 financial memorandumclause 3 of the bill provides for the establishment of the child development programmes coordination agency clause 5 provides for the constitution of a child development programmes coordination fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees one thousand crore per annum would be involved from consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relates to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of the child development programmes coordination agency in order to ensure smooth functioning of child development programmes and achievement of targets for such programmes within a set timeframe and for matters connected therewith————(shri nishikant dubey, mp)gmgipmrnd—173ls(s3)—03-05-2016

Parliament_bills

cfbbc8d8-8365-5aad-9b1d-84044120668c

bd1 no 7 of i"s j the insurance (a~ndment) bill, 1965 a billfurther to amend the insurance act, 1938 be it enacted by parli~t in the sixteenth year of the republic of india as follows:-1 this act may' be called the insurance (amendment) act, 1965 short title 2 in section 3 of the insurance act, 1938 (hereinafter referred ~end- s to as the principal act) ,-ment elf section 3 (i) after sub-section (2), the folio~g 'sub-sectiod,s shall be inserted, namely:- - "(2a) if, on receipt of an application for registration and after making such inquiry as he deems fit, the controller is 10 satisfied tbat-is 20 ~ (a) the financial condition and the general character of management of the, applicant are sound; (b) the volwne of business likely to be available to, and' the capital structure and earning prospects of, the applicant will be adequate; (c) the interests of the general public will be served if the certifica~e of registration is granted to the applicant in respect of the class or classes of insurance business specified in the application; and (d) the applicant has complied with the provisions of sections 2c, 5, 3la and 32 and has fuullled all' the requirements of this section applicable to him, the con,troller may register the applicant as an insurer and grant him a certificate of n:gistration (2b) where the controller refuses registration, he shall :record the reasons for such decision and shall furnish a copy thereof to the applicant (2c) any person aggrieved by' the decision of the controller refusing registration may, within thirty days from s the date on which a copy of the decision is received by him, appeal to the central government (2d) the decision of the central government on such· appeal shall he final and shall not be questioned before any court"'; 10 (ii) in sub-section (3) t for the words "in the case of any insurer having his principal 'place of business or domicile outside india", the following shall be substituted, namely:- ~witbstanding anything contained in sujbeection (2a), in the cue of- any insurer having his prin~ place is of business or domicile outside india"; (iii) ~n (6) ahall be omitted3 in section 110 of the principal act, in clause (ei) of sub-section (1), the words "refusing to register, or" shall bel omitted statement of objects and reasonsin terms of" sub-section (6) of section 3 of the insurance act, 1938, it is mandatory on the part of the controller of, insunnce to grant a certiftc:ate of registration to an applicant if the requirements as to registration under the act· are complied with it is not, howev~r, a requilreid:ent that the controller should satisfy himself about the financial condition and the general character of management of the applic:amt so that the interests of the polic:y holders are adequately safeguarded the government consider that such a requirement is neceary and that the entry of new insuren should be related to· the vo1w1~ of business available so that un~onomic units which may act as 11 drag on the insurance industry are not allowed to grow the bill is intended -mainly to give effect to these objects new j)ahi; t t krishnamachari the 19th l'eb'ml4ry, 1965 _ annexure extracts from the insultance a~, 1938| no4 ||-----------|| - || - || - || - || - || registra- || tion |3 (1) - - - - (3) in the case of any insurer having his principal place of business or domicile outside india, the controller shall withhold registration or shall cancel a registration already mad~ if he is satisfied that in the cowltry; in which such insurer has his principal place of business or domicile indian nationals a:re debarred by the law or practice of the cowltry relating to, or applied to insurance from carrying on the business of insurance, or that any requirement imposed on such insurer under the provisions of section 62 is not satisfied - - - - - (6) subject to compliance with the provisions of sections 2c, 5, sa, io(2a), 3la and 32 and of any other order made under section 3b, the!ll controller shall, on being satisfied that the application has fulfilled all the requirements of this section applicable to him, register the insurer and grant him a certificate of registration - - - - - 110 (1) an appeal shall lie 10 the court having jurisdiction iirom any of the following orders, namely:-appeals (a) an order under section 3 refusing to register, or cancelling the registration of, an insurer; - - - - - - a bnl further to amend the insurance at;tt938 , (sjrri t t k~j _ minist of fmc,)

Parliament_bills

1a7c57c9-43cf-5e7a-a821-f00c65ac63ad

the coal mines (special provisions) bill, 2015 _______ arrangement of clauses _______ chapter i preliminary clauses1 short title, extent and commencement 2 declaration as to expediency of union action 3 definitions chapter ii auction and allotment4 eligibility to participate in auction and payment of fees 5 allotment of mines to government companies or corporations 6 central government to act through nominated authority 7 power to classify certain schedule i coal mines by central government 8 nominated authority to issue vesting order or allotment order 9 priority of disbursal of proceeds chapter iii treatment of rights and obligations of prior allottees10 utilisation of movable property used in coal mining operations11 discharge or adoption of third party contracts with prior allottees 12 provisions in relation to secured creditors 13 void alienations and permitted security interests 14 liabilities of prior allottees 15 commissioner of payments to be appointed and his powers 16 valuation of compensation for payment to prior allottee chapter iv powers of the central government after the appointed date17 responsibility of central government after the appointed date 18 central government to appoint designated custodian 19 powers and functions of the designated custodian in respect of schedule ii coalmines chapter v certain arrangements20 power of central government to approve certain arrangements chapter vi miscellaneous clauses21 acquisition of land 22 realisation of additional levy 23 penalties for certain offences 24 penalty for failure to comply with directions of central government 25 offences by companies 26 cognizance of offences 27 dispute settlement and bar of jurisdiction of civil courts 28 protection of action taken in good faith 29 act to have overriding effect 30 amendment of certain acts contained in schedule iv 31 power to make rules 32 power to remove difficulties 33 repeal and saving schedule i schedule ii schedule iii schedule iv bill no 19 of 2015 the coal mines (special provisions) bill, 2015 a billto provide for allocation of coal mines and vesting of the right, title and interest in andover the land and mine infrastructure together with mining leases to successful bidders and allottees with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national interest and for matters connected therewith or incidental theretowhereas the supreme court vide judgment dated 25th august, 2014 read with its order dated 24th september, 2014 has cancelled the allocation of coal blocks and issued directions with regard to such coal blocks and the central government in pursuance of the said directions has to take immediate action to implement the said order;and whereas it is expedient in public interest for the central government to take immediate action to allocate coal mines to successful bidders and allottees keeping in view the energy security of the country and to minimise any impact on core sectors such as steel, cement and power utilities, which are vital for the development of the nation;and whereas parliament is competent to legislate under entry 54 of list i of the seventh schedule to the constitution for regulation of mines and mineral development to the extent to which such regulation and development under the control of union is declared by parliament by law to be expedient in the public interestbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the coal mines (special provisions) act, 2015(2) it extends to the whole of indiashort title, extent and commencement(3) it shall be deemed to have come into force on the 21st day of october, 20142 it is hereby declared that it is expedient in the public interest that union should take action for the development of schedule i coal mines and extraction of coal on continuous basis for optimum utilisationdeclaration as toexpediencyof union actiondefinitions3 (1) in this act, unless the context otherwise requires,—(a) "additional levy" means, the additional levy as determined by the supreme court in writ petition (criminal) no 120 of 2012 as two hundred and ninety-five rupees per metric tonne of coal extracted;(b) "allotment order" means the allotment order issued under section 5; (c) "appointed date" in relation to—(i) schedule i coal mines excluding schedule ii coal mines, shall be the24th day of september, 2014 being the date on which the allocation of coal blocks to prior allottees stood cancelled; and(ii) schedule ii coal mines shall be the 1st day of april, 2015 being the date on which the allocation of coal blocks to prior allottees shall stand cancelled, in pursuance of the order of the supreme court dated the 24th september, 2014 passed in writ petition (criminal) no 120 of 2012;54 of 2002(d) "bank" shall have the same meaning as assigned to it in clause (c) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;(e) "coal mining operations" means any operation undertaken for the purpose of winning coal;18 of 2013(f) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the companies act, 2013;18 of 2013(g) "corporation" shall have the same meaning as assigned to it in clause (11) of section 2 of the companies act, 2013;54 of 2002(h) "financial institution" shall have the same meaning as assigned to it in clause (m) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;18 of 2013(i) "government company" shall have the same meaning as assigned to it in clause (45) of section 2 of the companies act, 2013;(j) "mine infrastructure" includes mining infrastructure such as tangible assets used for coal mining operations, being civil works, workshops, immovable coal winning equipment, foundations, embankments, pavements, electrical systems, communication systems, relief centres, site administrative offices, fixed installations, coal handling arrangements, crushing and conveying systems, railway sidings, pits, shafts, inclines, underground transport systems, hauling systems (except movable equipment unless the same is embedded in land for permanent beneficial enjoyment thereof), land demarcated for afforestation and land for rehabilitation and resettlement of persons affected by coal mining operations under the relevant law;(k) "nominated authority" means the authority nominated by the central government under section 6;(l) "notification" means a notification published in the official gazette; (m) "prescribed" means prescribed by rules made under this act; (n) "prior allottee" means prior allottee of schedule i coal mines as listed therein who had been allotted coal mines between 1993 and 31st day of march, 2011, whose allotments have been cancelled pursuant to the judgment of the supreme court dated the 25th august, 2014 and its order dated 24th september, 2014 including those allotments which may have been de-allocated prior to and during the pendency of the writ petition (criminal) no120 of 2012explanation—in case a mining lease has been executed in favour of a third party, subsequent to such allocation of scheduled i coal mines, then, the third party shall be deemed to be the prior allottee;(o) "schedule" means a schedule appended to this act; (p) "schedule i coal mines" means,—(i) all the coal mines and coal blocks the allocation of which was cancelled by the judgment dated 25th august, 2014 and its order dated 24th september, 2014 passed in writ petition (criminal) no120 of 2012, including those allotments which may have been de-allocated prior to and during the pendency of the said writ petition;(ii) all the coal bearing land acquired by the prior allottee and lands, in or adjacent to the coal mines used for coal mining operations acquired by the prior allottee;(iii) any existing mine infrastructure as defined in clause (j);(q) "schedule ii coal mines" means the forty-two schedule i coal mines listed in schedule ii which are the coal mines in relation to which the order of the supreme court dated 24th day of september, 2014 was made;(r) "schedule iii coal mines" means the thirty-two schedule i coal mines listed in schedule iii or any other schedule i coal mine as may be notified under sub-section (2)of section 7;54 of 2002(s) "secured creditor" shall have the same meaning as assigned to it in clause(zd) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;54 of 2002(t) "secured debt" shall have the same meaning as assigned to it in clause (ze) ofsection 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;54 of 2002(u) "security interest" shall have the same meaning as assigned to it in clause(zf) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;(v) "specified end-use" means any of the following end-uses and the expression"specified end-user" shall with its grammatical variations be construed accordingly,—(i) production of iron and steel;(ii) generation of power including the generation of power for captiveuse;(iii) washing of coal obtained from a mine; (iv) cement;(v) such other end-use as the central government may, by notification, specify; (w) "vesting order" means the vesting order issued under section 820 of 1957 67 of 1957 26 of 1973(2) words and expressions used herein and not defined, but defined in the coal bearing areas (acquisition and development) act, 1957, the mines and minerals (development and regulation) act, 1957 and the coal mines (nationalisation) act, 1973 including any rules or regulations made thereunder, shall have the meanings, respectively assigned to them in those acts chapter ii auction and allotment4 (1) subject to the provisions of section 5, schedule i coal mines shall be allocated by way of public auction in accordance with such rules, and on the payment of such fees which shall not exceed five crore rupees, as may be prescribedeligibility to participate in auction and payment of fees(2) subject to the provisions in sub-section (3) of this section and section 5, the central government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal, select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed––(a) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india; or(b) a company or a joint venture company formed by two or more companies, that carry on coal mining operations in india, in any form either for own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be, and the state government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal to such company as selected through auction by competitive bidding under this section(3) subject to the provisions of section 5, the following persons who fulfil such norms as may be prescribed, shall be eligible to bid in an auction of schedule ii coal mines and schedule iii coal mines and to engage in coal mining operations in the event they are successful bidders, namely:––(a) a company engaged in specified end-use including a company having a coal linkage which has made such investment as may be prescribedexplanation––a "company with a coal linkage" includes any such company whose application is pending with the central government on the date of commencement of this act;(b) a joint venture company formed by two or more companies having a common specified end-use and are independently eligible to bid in accordance with this act;(c) a government company or corporation or a joint venture company formed by such company or corporation or with any other company having common specified end-use: provided that nothing contained in sub-section (2) shall apply to this sub-section (4) a prior allottee shall be eligible to participate in the auction process subject to payment of the additional levy within such period as may be prescribed and if the prior allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of such prior allottee shall not be eligible to bid either by itself or by way of a joint venture(5) any prior allottee who is convicted for an offence relating to coal block allocation and sentenced with imprisonment for more than three years, shall not be eligible to participate in the auctionallotment of mines to government companies or corporations5 (1) notwithstanding the provisions contained in sub-sections (1) and (3) of section4, the central government may allot a schedule i coal mine to a government company or corporation or to a joint venture between two or more government companies or corporations or to a company which has been awarded a power project on the basis of competitive bids for tariff (including ultra mega power projects) from specified schedule i coal mines by making an allotment order in accordance with such rules as may be prescribed and the state government shall grant a reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal to such company or corporation:provided that the government company or corporation may carry on coal mining in any form either for its own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be:provided further that no company other than a government company or corporation shall hold more than twenty-six per cent of the paid up share capital in the government company or corporation or in the joint venture between a government company or corporation, either directly or through any of its subsidiary company or associate company:provided also that a joint venture of any two or more government companies or corporations shall be prohibited from alienating or transferring any interest, except the taking of loans or advances from a bank or financial institution, in the joint venture of whatsoever nature including ownership in favour of a third party(2) no allotment under sub-section (1) shall be made to a prior allottee, if that allottee has not made the payment of the additional levy within the specified period6 (1) the central government shall appoint an officer not below the rank of a joint secretary to the government of india as the nominated authority who shall act for and on behalf of the central government for the purposes of this act and shall exercise such powers as may be prescribedcentral government to act through nominated authority(2) the nominated authority may engage any expert having such qualifications and experience and on such terms and conditions as may be prescribed to make recommendations to the authority for the conduct of auction and in drawing up of the vesting order or allotment order in relation to schedule i coal mines(3) the central government shall act through the nominated authority for the following purposes, namely:—(a) conduct the auction process and allotment with the assistance of experts;(b) execution of the vesting order for transfer and vesting of schedule i coalmines pursuant to the auction;(c) executing the allotment order for any government company or corporation in pursuance of section 5;(d) recording and mutating incorporeal rights of whatsoever nature including, consents, permissions, permits, approvals, grants, registrations;(e) collection of auction proceeds, adjustment of preferential payments and transfer of amount to the respective state governments where schedule i coal mine is located in accordance with the provisions of this act (4) the nominated authority shall complete the auction or execute the allotment orders of schedule i coal mines within such time and in accordance with such rules as may be prescribed(5) the central government may appoint such other officers and staff as it may think fit to assist the nominated authority (6) the salaries and allowances and other terms and conditions of service of the nominated authority and such other officers and staff appointed under this section shall be such as may be prescribed(7) the nominated authority shall be bound by the written direction given by the central government on the quesiton of policy7 (1) the central government may, before notifying the particulars of auction, classify mines identified from schedule i coal mines as earmarked for the same class of specified enduses(2) the central government may in public interest, by notification, modify schedule iiicoal mines by adding any other schedule i coal mine for the purposes of specified end-usepower to classify certain schedule i coal mines by central government8 (1) the nominated authority shall notify the prior allottees of schedule i coal mines to enable them to furnish information required for notifying the particulars of schedule i coal mines to be auctioned in accordance with such rules as may be prescribednominated authority to issue vesting order or allotment order(2) the information required to be furnished under sub-section (1) shall be furnished within a period of fifteen days from the date of such notice(3) a successful bidder in an auction conducted on a competitive basis in accordance with such rules as may be prescribed, shall be entitled to the vesting of schedule i coal mine for which it bid, pursuant to a vesting order drawn up in accordance with such rules(4) the vesting order shall transfer and vest upon the successful bidder, the following, namely:—(a) all the rights, title and interest of the prior allottee, in schedule i coal mine concerned with the relevant auction;(b) entitlement to a mining lease to be granted by the state government; (c) any statutory licence, permit, permission, approval or consent required to undertake coal mining operations in schedule i coal mines if already issued to the prior allottee;(d) rights appurtenant to the approved mining plan of the prior allottee; (e) any right, entitlement or interest not specifically covered under clauses (a) to (d)(5) the nominated authority shall, in consultation with the central government, determine the floor price or reserve price in accordance with such rules as may be prescribed(6) the successful bidder shall, prior to the issuance and execution of a vesting order, furnish a performance bank guarantee for an amount as notified in relation to schedule i coal mine auctioned to such bidder within such time, form and manner as may be prescribed(7) after the issuance of a vesting order under this section and its filing with the central government and with the appropriate authority designated by the respective state governments, the successful bidder shall be entitled to take possession of the schedule i coal mine without let or hindrance(8) upon the execution of the vesting order, the successful bidder of the schedule icoal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned state government in accordance with the mines and minerals (development and regulation) act, 195767 of 1957(9) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india, allotted a schedule i coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned state government in accordance with the mines and minerals (development and regulation) act, 195767 of 1957(10) in relation to schedule ii coal mines, the successful bidder which was a prior allottee, shall continue coal mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (8) is granted, upon the grant of a vesting order and to that extent, the successful bidder shall be deemed to have been granted a mining lease till the execution of the mining lease in terms of the said sub-section(11) in relation to schedule ii coal mines, the government company or corporation which was a prior allottee can continue coal mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (9) is granted, upon execution of the allotment order and to that extent, the allottee shall be deemed to have been granted a mining lease till the execution of the mining lease in terms of the said subsection(12) the provisions of sub-sections (1) and (2) and sub-sections (4) to (7) (both inclusive) of this section as applicable to a vesting order, shall mutatis mutandis be also applicable to an allotment orderpriority of disbursal of proceeds9 the proceeds arising out of land and mine infrastructure in relation to a schedule icoal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance with the relevant laws and such rules as may be prescribed—(a) payment to secured creditors for any portion of the secured debt in relation to a schedule i, coal mine which is unpaid as on the date of the vesting order;(b) compensation payable to the prior allottee in respect of the schedule i coal mine chapter iii treatment of rights and obligations of prior allottees10 (1) a successful bidder or allottee in respect of schedule i coal mines, may negotiate with prior allottee to own or utilise such movable property used in coal mining operations on such terms and conditions as may be mutually agreed to by themutilisation of movable property used in coal mining operations(2) where a successful bidder or allottee is not vested with any movable property of a schedule i coal mine, then, he is not bound by any liabilities or obligations arising out of such ownership or contractual rights, obligations or liabilities which shall continue to remain with the prior allottee(3) in the event that the successful bidder or allottee is unable to satisfactorily negotiate with the prior allottee or any third party who has a contract with the prior allottee for the movable property, it shall be the obligation of the prior allottee or the third party to remove such movable property within a period not exceeding thirty days from the date of the vesting order, or the allotment order, as the case may be, and the successful bidder or allottee shall not be liable for any damage to such property(4) a successful bidder or allottee which has elected not to purchase or transfer or continue to use the movable property referred to in sub-section (1), shall prior to the execution of the vesting order or the allotment order, as the case may be, declare to the nominated authority that he intends to move and store such movable property of the prior allottee or such third party and after the date of the vesting order or the allotment order, as the case may be, the successful bidder or allottee shall be entitled to move and store such movable property, so as not to cause any impediment for coal mining operations(5) if a prior allottee or such third party which has contracted with the prior allottee for its movable property, fails to remove the movable property which the successful bidder or allottee has elected not to purchase or use in accordance with sub-section (4), then, after the period of seventy-five days from the vesting order or the allotment order, as the case may be, a successful bidder or allottee shall be entitled to dispose of such movable property which may be physically located within schedule i coal mine, the successful bidder or the allottee, shall, in such event be entitled to appropriate the sale proceeds of such movable property disposed of to pay for any cost incurred by the successful bidder or allottee, for the removal, storage, sale and disposal of such movable property, as a first charge over the sale proceeds of such movable property:provided that the remaining sale proceeds after appropriation of costs, shall be paid by the successful bidder or allottee to the central government towards any compensation that may be payable to the owner of such movable property sold, upon establishment of title to such movable property in accordance with such rules as may be prescribed:provided further that if a third party contractor to the prior allottee owns such movable property, then, such third party shall be entitled to prove its right to receive compensation from the sale proceeds of the movable property sold as per this sub-section, in accordance with such rules as may be prescribeddischarge or adoption of third party contracts with prior allottees11 (1) notwithstanding anything contained in any other law for the time being in force, a successful bidder or allottee, as the case may be, in respect of schedule i coal mines, may elect, to adopt and continue such contracts which may be existing with any of the prior allottees in relation to coal mining operations and the same shall constitute a novation for the residual term or residual performance of such contract:provided that in such an event, the successful bidder or allottee or the prior allottee shall notify the nominated authority to include the vesting of any contracts adopted by the successful bidder(2) in the event that a successful bidder or allottee elects not to adopt or continue with existing contracts which had been entered into by the prior allottees with third parties, in that case all such contracts which have not been adopted or continued shall cease to be enforceable against the successful bidder or allottee in relation to the schedule i coal mine and the remedy of such contracting parties shall be against the prior allottees12 (1) the secured creditors of the prior allottees which had any security interest in any part of the land or mine infrastructure of a schedule i coal mine shall be entitled to––provisions in relation to secured creditors(a) continue with such facility agreements and security interest with the prior allottee if such prior allottee is a successful bidder or allottee; and(b) in the event that the prior allottee is not a successful bidder or allottee, thenthe security interest of such secured creditor shall only be satisfied out of thecompensation payable to such prior allottee, to the extent determined in accordance with such rules as may be prescribed and the outstanding debt shall be recoverable from the prior allottee(2) the central government shall, taking into consideration the provisions contained in section 9, prescribe the manner in which the secured creditor shall be paid out of the compensation in respect of any prior allotteevoid alienations and permitted security interests13 any and all alienations of land and mine infrastructure and creation of anyencumbrances of whatsoever nature thereon which relate to schedule i coal mines, made by any prior allottee after the 25th day of august, 2014 shall be void, save and except any registered security interest and charge over the land and mine infrastructure as registered by a bank or a financial institution or any other secured lenderliabilities of prior allottees14 (1) notwithstanding anything contained in any other law for the time being inforce, no proceedings, orders of attachment, distress, receivership, execution or the like, suits for the recovery of money, enforcement of a security or guarantee (except as otherwise provided for under this act), prior to the date of commencement of this act shall lie, or be proceeded further with and no remedies shall be available against the successful bidder, or allottee, as the case may be, or against the land and mine infrastructure in respect of schedule i coal mines(2) the proceedings as referred to in sub-section (1), shall continue as a personal remedy against the prior allottee but shall not be maintainable or continued against the land or mine infrastructure of schedule i coal mine or the successful bidder or allottee, pursuant to this act(3) every liability of any prior allottee in relation to a schedule i coal mine in respect of any period prior to the vesting order or allotment order, shall be the liability of such prior allottee and shall be enforceable against it and not against the successful bidder or allottee or the central government(4) all unsecured loans shall continue to remain the liability of the prior allottee (5) the additional levy imposed against the prior allottees of schedule ii coal mines shall continue to remain the liability of such prior allottees and such additional levy shall be collected by the central government in such manner as may be prescribed(6) for the removal of doubts, it is hereby declared that—(a) no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a schedule i coal mine in respect of any period prior to the date of vesting order or allotment order, as the case may be, shall be enforceable against the central government or the successful bidder or the allottee, as the case may be;(b) no award, decree, attachment or order of any court, tribunal or other authority in relation to any schedule i coal mine passed prior to the date of commencement of this act, in relation to the land and mine infrastructure of schedule i coal mines, shall be enforceable against the central government or the successful bidder or the allottee, as the case may be;(c) no liability for the contravention of any provision of law for the time being in force, relating to any act or omission prior to the date of vesting order or allotment order, as the case may be, shall be enforceable against the successful bidder or allottee or the central government15 (1) for the purposes of disbursing the amounts payable to the prior allottees of schedule i coal mines, the central government shall appoint an officer not below the rank of joint secretary to the government of india, to be the commissioner of paymentscommissioner of payments to be appointed and his powers(2) the central government may appoint such other officers and staff as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such officers also to exercise all or any of the powers exercisable by him under this act(3) any officer authorised by the commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on him directly by this act and not by way of authorisation(4) the salaries and allowances and other terms and conditions of service of the commissioner and other officers and staff appointed under this section shall be such as may be prescribed(5) the central government shall, within a period of thirty days from such date as may be notified, pay to the commissioner for payment to the prior allottee, an amount equal to the compensation determined by the nominated authority(6) separate records shall be maintained by the commissioner in respect of each schedule i coal mine in relation to which payments have been made to him under this actvaluation of compensation for payment to prior allottee16 (1) the quantum of compensation for the land in relation to schedule i coal mines shall be as per the registered sale deeds lodged with the nominated authority in accordance with such rules as may be prescribed, together with twelve per cent simple interest from the date of such purchase or acquisition, till the date of the execution of the vesting order or the allotment order, as the case may be(2) the quantum of compensation for the mine infrastructure in relation to schedule icoal mines shall be determined as per the written down value reflected in the statutorily audited balance sheet of the previous financial year in accordance with such rules and in such manner as may be prescribed(3) if the successful bidder or allottee is a prior allottee of any of the schedule i coal mines, then, the compensation payable to such successful bidder or allottee shall be set off or adjusted against the auction sum or the allotment sum payable by such successful bidder or allottee, as the case may be, for any of the schedule i coal mines(4) the prior allottee shall not be entitled to compensation till the additional levy has been paid chapter iv powers of the central government after the appointed dateresponsibility of central government after the appointed date17 (1) on and from the appointed date, the central government or a company owned by the central government shall be deemed to have become the lessee or licensee of the state government in relation to each of the schedule ii coal mines, in respect of which a mining lease or prospecting licence has been granted prior to the date of commencement of this act, as if a mining lease or prospecting licence in relation to such coal mine had been granted to the central government or a company owned by the central government and the period of such lease or licence shall be the maximum period for which such lease or licence could have been granted by the state government under the mineral concession rules, 1960, and thereupon all the rights under such mining lease, including surface, underground and other rights shall be deemed to have been transferred to, and vested in, the central government or a company owned by the central government(2) on the expiry of the term of any lease or licence, referred to in sub-section (1), such lease or licence shall be renewed, by the state government, in consultation with the central government for the maximum period for which such lease or licence can be renewed under the mineral concession rules, 196067 of 1957(3) as it is considered expedient and necessary in the public interest and in view of the difficult situation which has arisen, the powers of the state government, under the mines and minerals (development and regulation) act, 1957, to prematurely terminate a prospecting licence or mining lease, shall stand suspended, in relation to schedule i coal mines, for a period of one year from the date of commencement of this act or such other period as may be notified by the central government18 (1) on and from the appointed date, if the auction or allotment of schedule i coal mines is not complete, the central government shall appoint any person as a designated custodian to manage and operate such coal mines as may be notified by the central governmentcentral government to appoint designated custodian(2) the designated custodian shall act for and on behalf of the central government in respect of the notified coal mines under sub-section (1) to operate and manage such schedule i coal mines in such manner as may be notified, till the completion of the auction of such coal mines or allotment under section 4 and section 5 read with section 8, as the case may be19 (1) the designated custodian appointed under sub-section (1) of section 18, shall be entitled to take control and possession of all lands, in or adjacent to schedule ii coal mines, and used for coal mining operations and the mine infrastructure in relation to schedule ii coal mine, on behalf of the central governmentpowers and functions of the designated custodian in respect of schedule iicoal mines(2) the designated custodian may direct the prior allottees or any other persons incharge of the management of the schedule ii coal mine and coal mining operations immediately before the appointed date to provide the requisite manpower, as may be necessary, to ensure continuity in coal mining operations and production of coal(3) the designated custodian shall receive, to the exclusion of all other persons, any monies due to schedule ii coal mines, notwithstanding cases where such receipt pertains to a transaction made at any time before the appointed date(4) the designated custodian may call for any information, records and documents in relation to schedule ii coal mines and coal mining operations from any or all such persons who were in charge of the management and operation of such schedule ii coal mines prior to the appointed date, and such persons shall be bound to deliver to the designated custodian all such documents in their custody relating to schedule ii coal mines(5) the designated custodian may appoint such consultants or experts, as may be necessary, in relation to the management and operation of schedule ii coal mines(6) the designated custodian shall transfer the management and operation of any schedule ii coal mines to such person in such manner as may be prescribed(7) the designated custodian shall have rights, liabilities and obligations as a prior allottee or a successful bidder in respect of coal mines entrusted to it under section 18, to be exercised and discharged in such manner as may be prescribed(8) the designated custodian shall have the power to perform such other functions which may be consequential or incidental to the functions specified under this section(9) notwithstanding anything contained in any other law for the time being in force, the designated custodian shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, as the central government may give in writing to it from time to time chapter v certain arrangements20 (1) a successful bidder or allottee or coal linkage holder shall, with prior approval of the central government and in accordance with such rules as may be prescribed, be entitled to enter into certain agreements or arrangements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the same end-uses in the public interest and to achieve cost efficienciespower of central government to approve certain arrangements(2) a successful bidder or allottee may also use the coal mine from a particular schedule i coal mine for any of its plants engaged in common specified end-uses, in accordance with such rules as may be prescribed chapter vi miscellaneousacquisition of land30 of 201330 of 2013 20 of 195721 (1) all existing land acquisition proceedings under the right to fair compensationand transparency in land acquisition, rehabilitation and resettlement act, 2013, in relation to schedule i coal mines, shall continue in respect of such areas of land in accordance with the provisions of the said act(2) all such areas of land which are not subject matter of land acquisition proceedings,in relation to the coal mines, under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 may be proceeded with by the central government in terms of the coal bearing areas (acquisition and development) act, 195730 of 2013(3) the state governments which have initiated land acquisition proceedings underprovisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and all such lands which are also subject matter of the said act in respect of schedule i coal mines, shall—(a) not transfer any land to the prior allottees which have been acquired underthe said act;(b) continue the land acquisition proceedings till the appointed date; (c) for such schedule i coal mines which have not vested in the successfulbidder or the allottee, as the case may be, by the appointed date, continue the land acquisition proceedings for and on behalf of the central government;(d) upon the vesting or the allotment, as the case may be, after the appointeddate, continue such land acquisition proceedings on behalf of the successful bidder or the allotteerealisation of additional levy22 if a prior allottee of schedule ii coal mine fails to deposit the additional levy withthe central government within the specified time, then, such additional levy shall be realised as the arrears of land revenue23 if any person—penalties for certainoffences(a) obstructs or causes any impediment in taking possession or in themanagement and operation of the schedule i coal mines by the central government or the designated custodian; or(b) fails to deliver to the designated custodian any books of account, registersor any other document in his custody relating to schedule i coal mines and coal mining operations in respect of the management of which the designated custodian has been appointed; or(c) destroys or misuses any mine infrastructure or coal stock; or (d) retains any property of such coal mine or removes or destroys it,he and any officer-in-default of the company shall be punishable with imprisonment for a term which may extend to two years, or with the minimum fine of one lakh rupees per day and in the case of continuing failure, with a maximum fine of two lakh rupees for every day during which the failure continues or with both, depending upon the nature of the offencepenalty for failure to comply with directions of central government24 if any person fails to comply, without reasonable cause, with a direction given bythe central government or nominated authority or the designated custodian, he shall be punishable with a fine of one lakh rupees and in the case of continuing failure with a maximum fine of two lakh rupees for every day during which the failure continues, depending upon the nature of the offenceoffences by companies25 (1) where an offence under this act has been committed by a company, everyperson who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where any offence underthis 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglycognizanceof offences26 no court shall take cognizance of any offence punishable under this act or anyrules made thereunder except upon complaint in writing made by a person authorised in this behalf by the central government or nominated authority or the designated custodian27 (1) any dispute arising out of any action of the central government, nominated authority or commissioner of payment or designated custodian, or any dispute between the successful bidder or allottee and prior allottee arising out of any issue connected with the act shall be adjudicated by the tribunal constituted under the coal bearing areas (acquisition and development) act, 1957dispute settlement and bar of jurisdiction of civil courts20 of 1957(2) where the central government is of the opinion that any dispute arising out of any issue connected with the act exists or is apprehended and the dispute should be adjudicated by the tribunal referred to in sub-section (1), then, the central government may by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, to the tribunal for adjudication(3) the tribunal referred to in sub-section (1) shall, after hearing the parties to the dispute, make an award in writing within a period of ninety days from the institution or reference of the dispute(4) on and from the commencement of the act, no court or other authority, except the supreme court and a high court, shall have, or be entitled to exercise, any jurisdiction, powers or authority, in relation to matters connected with the actprotection of action taken in good faith28 no suit, prosecution or other legal proceeding shall lie against the central government, nominated authority, commissioner of payment, or designated custodian or any person acting on their behalf, in respect of anything which is done or intended to be done in good faith under this act29 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 such lawact to have overriding effect26 of 1973 67 of 195730 on and from the date of commencement of this act, the coal mines (nationalisation)act, 1973 and the mines and minerals (development and regulation) act, 1957 shall stand amended in the manner provided in schedule ivamendment of certain acts contained in schedule iv power to make rules31 (1) the central government may, by notification in the official gazette, and subject to the condition of previous publication, make rules for carrying out the provisions of this act(2) in particular, and without prejudice the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––(a) the manner of allocation of schedule i coal mines by way of public auction and details of fees under sub-section (1) of section 4;(b) the terms and conditions for granting reconnaissance permit, prospecting licence or mining lease and the manner and conditions of competitive bidding under sub-section (2) of section 4;(c) norms to become eligible to bid in an auction and the amount of investment in respect of a company having a coal linkage under sub-section (3) of section 4;(d) the period within which the payment of additional levy by the prior allottee under sub-section (4) of section 4;(e) the allotment order to make allocations to a government company or corporation under sub-section (1) of section 5;(f) the powers of the nominated authority under sub-section (1) of section 6; (g) the manner of auction or allotment of schedule i coal mines and execution of the vesting or allotment orders under sub-section (4) of section 6;(h) the salaries and allowances and other terms and conditions of service of the nominated authority and other officers and staff under sub-section (6) of section 6;(i) the manner of notifying the particulars of schedule i coal mines to be auctioned and furnishing of required information by the prior allottees under sub-section (1) of section 8;(j) the manner of conducting auction and drawing of a vesting order under sub-section (3) of section 8;(k) determination of floor price by the nominated authority under sub-section (5) of section 8;(l) the form and manner of furnishing of bank guarantee and the time within which such furnishing of bank guarantee under sub-section (6) of section 8;(m) the manner of disbursement of priority payments under section 9; (n) the manner of establishing title of movable property by the prior allottee or third party who has a contract with the prior allottee for the movable property under the first proviso to sub-section (5) of section 10;(o) the manner of receiving compensation from the sale proceeds of the movable property under the second proviso to sub-section (5) of section 10;(p) the manner in which the secured creditor paid out of the compensation in respect of any prior allottee under sub-section (2) of section 12;(q) the manner of collection of additional levy by the central government from the prior allottees of schedule ii coal mines under sub-section (5) of section 14;(r) the salaries and allowances and other terms and conditions of service of the commissioner of payments and other officers and staff under sub-section (4) of section15;(s) the manner of determination of compensation payable to prior allottee and the lodging of registered sale deeds with the nominated authority under sub-section (1) of section 16;(t) the method of determination of compensation for mine infrastructure in relation to schedule i and its reflection in the statutorily audited balance sheet under sub-section (2) of section 16;(u) the manner of transfer of the management and operation of any schedule iicoal mines by the designated custodian under sub-section (6) of section 19;(v) the manner of exercising and discharging the rights, liabilities and obligations by the designated custodian under sub-section (7) of section 19;(w) the manner of providing agreements or arrangements for optimum utilisation of coal mine for specified end-uses under sub-section (1) of section 20;(x) the manner of usage of coal mine by a successful bidder or allottee for any of its plants under sub-section (2) of section 20;(y) any other matter which is required to be, or may be, prescribed(3) every rule made and every notification issued by the central government, under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or 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 power to remove difficulties32 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of a period of two years from the 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 parliament33 (1) the coal mines (special provisions) second ordinance, 2014 is hereby repealedrepeal and savingord 7 of 2014(2) notwithstanding such repeal, anything done or any action taken under the saidordinance, shall, without prejudice to the judgment of the supreme court dated 25th of august, 2014 and its order dated 24th september, 2014 passed in writ petition (criminal) no 120 of 2012, be deemed to have been done or taken under the corresponding provisions of this act schedule i [see section 3(1)(p)]| sl | name of coal | name of prior allottee | state where coal ||------------------------------------------------------------------|--------------------------------------------------------------|-----------------------------------------------------------------|--------------------|| no | mine/block | mine/block | || located | | | || 1 | 2 | 3 | 4 || 1 | tadicherla-i | andhra pradesh power generation corpn ltd | telangana || 2 | anesttipali | andhra pradesh power generation corpn ltd | telangana || 3 | punkula-chilka | andhra pradesh power generation corpn ltd | telangana || 4 | penagaddppa | andhra pradesh power generation corpn ltd | telangana || 5 | namchik namphuk | arunachal pradesh mineral dev & trading corporation | arunachal pradesh || 6 | sayang | aes chhattisgarh energy pvt ltd | chhattisgarh || 7 | rajgamar dipside | api ispat & powertech pvt ltd, cg sponge manufacturers | || (deavnara) | consortium coalfield pvt ltd | chhattisgarh | || 8 | durgapur-ii/ | bharat aluminium company ltd | chhattisgarh || taraimar | | | || 9 | datima | binani cement ltd | chhattisgarh || 10 | tara | chhattisgarh mineral development corporation limited | chhattisgarh || 11 | gare-palma, sector-i | chhattisgarh mineral development corporation limited | chhattisgarh || 12 | shankarpur | chhattisgarh mineral development corporation limited | chhattisgarh || bhatgaon ii extn | | | || 13 | sondhia | chhattisgarh mineral development corporation limited | chhattisgarh || 14 | parsa | chhattisgarh state electricity board | chhattisgarh || 15 | vijay central | coal india limited, sks ispat & power ltd | chhattisgarh || 16 | gidhmuri | chhattisgarh state electricity board | chhattisgarh || 17 | paturia | chhattisgarh state electricity board | chhattisgarh || 18 | durgapur-ii /sarya | db power ltd | chhattisgarh || 19 | bhaskarpara | electrotherm (india) ltd, grasim industries ltd | chhattisgarh || 20 | west of umaria | sainik finance and industries ltd ( earlier garuda clays ltd) | chhattisgarh || 21 | morga ii | gujarat mineral development corporation | chhattisgarh || 22 | gare-palma sector-iii goa industrial development corporation | chhattisgarh | || 23 | madanpur south | hindustan zinc ltd, akshya investment pvt ltd, | chhattisgarh || chhattisgarh steel & power ltd, chhattisgarh | | | || electricity corporation ltd, msp steel & power ltd, | | | || chhattisgarh captive coal mining ltd (consortium of five cos ) | | | || 24 | nakia i | ispat godavari ltd, ind agro synergy ltd, | chhattisgarh || shri nakoda ispat ltd, vandana global ltd, | | | || shree bajrang power & ispat ltd | | | || 25 | nakia ii | ispat godavari, ind agro synergy, shri nakoda ispat, | chhattisgarh || vandana global ltd, shree bajrang power & ispat ltd | | | || 26 | gare-palma- iv/4 | jayaswal neco ltd | chhattisgarh || 27 | gare-palma- iv/8 | jayaswal neco ltd | chhattisgarh || 28 | gare-palma-iv/2 | jindal power ltd (now jindal steel & power ltd) | chhattisgarh || 29 | gare-palma-iv/3 | jindal power ltd (now jindal steel & power ltd) | chhattisgarh || 1 | 2 | 3 | 4 ||--------------------------------------------------------------------|----------------------|----------------------------------------------------------------------|-----------------|| 30 | gare-palma-iv/1 | jindal strips limited (now jindal steel & power ltd ) | chhattisgarh || 31 | gare-palma iv/6 | jindal steel & power ltd, nalwa sponge iron ltd | chhattisgarh || 32 | fatehpur east | jld yavatmal energy ltd, rkm powergen pvt ltd, | chhattisgarh || visa power ltd, green infrastructure pvt ltd,vandana vidyut ltd | | | || 33 | morga-i | madhya pradesh state mining corporation limited | chhattisgarh || 34 | morga-iii | madhya pradesh state mineral corporation limited | chhattisgarh || 35 | morga-iv | madhya pradesh state mineral corporation limited | chhattisgarh || 36 | gare-palma sector-ii | maharashtra state mining corpn ltd | chhattisgarh || tamil nadu state electricity board | | | || 37 | gare-palma-iv/5 | monet ispat ltd | chhattisgarh || 38 | rajgamar dipside | monnet ispat and energy ltd, topworth steel pvt ltd | chhattisgarh || (south of | | | || phulakdih nala) | | | || 39 | talaipali | national thermal power ltd | chhattisgarh || 40 | chotia | prakash industries ltd | chhattisgarh || 41 | gare-palma-iv/7 | raipur alloys & steel ltd (now sarda energy and | chhattisgarh || mineral limited) | | | || 42 | parsa east | rajasthan rajya vidyut utpadan nigam ltd (rrvunl) | chhattisgarh || 43 | kesla north | rathi udyog ltd | chhattisgarh || 44 | kanta basan | rajasthan rajya vidyut utpadan nigam ltd (rrvunl) | chhattisgarh || 45 | panchbahani | shree radhe industries ltd | chhattisgarh || 46 | fatehpur | sks ispat and power ltd, prakash industries ltd | chhattisgarh || 47 | madanpur (north) | ultratech ltd, singhal enterprise ltd , nav bharat coalfield ltd, | chhattisgarh || vandana energy & steel pvt ltd, prakash industries ltd, | | | || anjani steel pvt ltd, chhattisgarh captive coal mining ltd | | | || (consortium of five co ) | | | || 48 | brinda | abhijeet infrastructure pvt ltd | jharkhand || 49 | sasai | abhijeet infrastructure pvt ltd | jharkhand || 50 | meral | abhijeet infrastructure pvt ltd | jharkhand || 51 | seregarha | arcelor mittal india ltd, gvk power (govindwal sahib) ltd | jharkhand || 52 | patal east | bhushan power and steel ltd | jharkhand || 53 | saria koiyatand | bihar rajya khanij vikas nigam (brkvn) patna | jharkhand || 54 | macherkunda | bihar sponge iron ltd | jharkhand || 55 | brahmadiha | castron technologies ltd | jharkhand || 56 | mahuagarhi | calcutta electricity supply corporation ltd (cesc), | jharkhand || jas infrastructure capital pvt ltd | | | || 57 | chitarpur | corporate ispat alloys ltd | jharkhand || 58 | saharpur jamarpani | damodar valley corporation | jharkhand || 59 | lalgarh (north) | domco smokeless fuel pvt ltd | jharkhand || 60 | parbatpur-central | electrosteel castings ltd | jharkhand || 61 | chakla | essar power ltd | jharkhand || 62 | ashok karkatta | essar power ltd | jharkhand || central | | | || 1 | 2 | 3 | 4 ||---------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------|-----------------|| 63 | jainagar | gujarat mineral development corporation (gmdc) | jharkhand || 64 | tokisud north | gvk power (govindwal sahib) ltd | jharkhand || 65 | tubed | hindalco industries ltd, tata power company ltd | jharkhand || 66 | moitra | jayaswal neco ltd | jharkhand || 67 | north dhadu | jharkhand ispat pvt ltd, pavanjay steel & power ltd, | jharkhand || electrosteel castings ltd, adhunik alloys & power ltd | | | || 68 | banhardih | jharkhand state electricity board | jharkhand || 69 | sugia closed mine | jharkhand state mineral development corporation | jharkhand || 70 | rauta closed mine | jharkhand state mineral development corporation | jharkhand || 71 | burakhap small patch jharkhand state mineral development corporation | jharkhand | || 72 | pindra-debipur- | jharkhand state mineral development corporation ltd | jharkhand || khaowatand | | | || 73 | latehar | jharkhand state mineral development corporation ltd | jharkhand || 74 | patratu | jharkhand state mineral development corporation ltd | jharkhand || 75 | rabodih ocp | jharkhand state mineral development corporation ltd | jharkhand || 76 | jogeshwar & khas | jharkhand state mineral development corporation | jharkhand || jogeshwar | | | || 77 | jitpur | jindal steel & power ltd | jharkhand || 78 | amarkonda | jindal steel and power ltd,gagan sponge iron pvt ltd | jharkhand || murgadangal | | | || 79 | urma paharitola | jharkhand state electricity board, bihar state | jharkhand || mineral development corporation ltd | | | || 80 | rohne | jsw steel ltd, bhushan power & steel ltd, | jharkhand || jai balaji industries ltd | | | || 81 | gomia | metals and minerals trading corporation | jharkhand || 82 | rajhara north | mukund limited,vini iron & steel udyog limited | jharkhand || (central & eastern) | | | || 83 | dumri | nilachal iron & power ltd, bajrang ispat pvt ltd | jharkhand || 84 | kerandari | national thermal power ltd | jharkhand || 85 | chhatti bariatu | national thermal power ltd | jharkhand || 86 | chhati bariatu south national thermal power ltd | jharkhand | || 87 | brahmini | national thermal power ltd+ coal india limited jv | jharkhand || 88 | chichro patsimal | national thermal power ltd+ coal india limited jv | jharkhand || 89 | pachwara central | punjab state electricity board | jharkhand || 90 | mahal | rashtriya ispat nigam limited | jharkhand || 91 | tenughat-jhirki | rashtriya ispat nigam limited | jharkhand || 92 | bundu | rungta mines limited | jharkhand || 93 | mednirai | rungta mines limited, kohinoor steel (p) ltd | jharkhand || 94 | choritand tiliaya | rungta mines limited, sunflag iron & steel co ltd | jharkhand || 95 | sitanala | steel authority of india ltd | jharkhand || 96 | ganeshpur | tata steel ltd, adhunik thermal energy | jharkhand || 97 | badam | tenughat vidyut nigam limited | jharkhand || 1 | 2 | 3 | 4 ||----------------------------------|-------------------------|-------------------------------------------------------------------|-----------------|| 98 | rajbar e&d | tenughat vidyut nigam limited | jharkhand || 99 | gondulpara | tenughat vidyut nigam limited, damodar valley corporation | jharkhand || 100 | kotre-basantpur | tata iron and steel co ltd ( now tata steel ltd) | jharkhand || 101 | pachmo | tata iron and steel co ltd ( now tata steel ltd) | jharkhand || 102 | lohari | usha martin ltd | jharkhand || 103 | kathautia | usha martin ltd | jharkhand || 104 | pachwara north | west bengal power development corporation limited (wbpdcl) | jharkhand || 105 | suliyari | andhra pradesh mineral development corporation | madhya pradesh || 106 | bikram | birla corporation ltd | madhya pradesh || 107 | gotitoria (east) | bla industries ltd | madhya pradesh || 108 | gotitoria (west) | bla industries ltd | madhya pradesh || 109 | mahan | essar power ltd, hindalco industries ltd | madhya pradesh || 110 | mandla north | jaipraskash associates ltd | madhya pradesh || 111 | urtan north | jindal steel & power ltd, monet ispat and energy ltd | madhya pradesh || 112 | thesgora-b/ | kamal sponge steel & power limited, revati cement p ltd | madhya pradesh || rudrapuri | | | || 113 | amelia | madhya pradesh state mining corporation | madhya pradesh || 114 | amelia (north) | madhya pradesh state mining corporation | madhya pradesh || 115 | mandla south | madhya pradesh state mining corporation ltd | madhya pradesh || 116 | dongeri tal-ii | madhya pradesh state mining corporation ltd (mpsmc) | madhya pradesh || 117 | marki barka | madhya pradesh state mining corporation (mpsmc) | madhya pradesh || 118 | semaria/piparia | madhya pradesh state mining corporation (mpsmc) | madhya pradesh || 119 | bicharpur | madhya pradesh state mining corporation ltd (mpsmc) | madhya pradesh || 120 | tandsi-iii & | mideast integrated steels ltd | madhya pradesh || tandsi -iii (extn) | | | || 121 | sahapur east | national mineral dev corp | madhya pradesh || 122 | sahapur west | national mineral dev corp | madhya pradesh || 123 | mara ii mahan | nct of delhi, delhi, haryana power generation | madhya pradesh || corp ltd (hpgcl) | | | || 124 | sial ghoghri | prism cement limited | madhya pradesh || 125 | brahampuri | pushp steel and mining ltd | madhya pradesh || 126 | rawanwara north | sks ispat limited | madhya pradesh || 127 | bander | amr iron & steels pvt ltd, century textiles & | maharashtra || industries ltd, jkcement ltd | | | || 128 | marki mangli-i | bs ispat ltd | maharashtra || 129 | takli-jena- | central collieries co ltd and lloyds metals & engineering ltd | maharashtra || bellora (north) & | | | || takli-jena- | | | || bellora (south) | | | || 130 | dahegaon/ | ist steel & power ltd, gujarat ambuja cement ltd, | maharashtra || makard hokra- iv | lafarge india pvt ltd | | || 131 | gondkhari | maharashtra seamless limited, dhariwal infrastructure (p) ltd, | maharashtra || kesoram industries ltd | | | || 1 | 2 | 3 | 4 ||----------------------------------------------------------|-----------------------------------------------|-----------------------------------------------------------------|-----------------|| 132 | marki-zari- | maharashtra state mining corpn ltd | maharashtra || jamani-adkoli | | | || 133 | lohara (east) | murli industries ltd, grace industries ltd | maharashtra || 134 | khappa & extn | sunflag iron & steel ltd, dalmia cement (bharat) ltd | maharashtra || 135 | lohara west extn | adani power ltd | maharashtra || 136 | warora west (north) bhatia international ltd | maharashtra | || 137 | kosar dongergaon | chaman metaliks ltd | maharashtra || 138 | warora (west) | fieldmining & ispat ltd | maharashtra || southern part | | | || 139 | chinora | fieldmining & ispat ltd | maharashtra || 140 | majra | gondwana ispat ltd | maharashtra || 141 | nerad malegaon | gupta metallics & power ltd, gupta coalfields & washeries ltd | maharashtra || 142 | baranj - i | karnataka power corp ltd (kpcl) | maharashtra || 143 | baranj - ii | karnataka power corp ltd (kpcl) | maharashtra || 144 | baranj - iii | karnataka power corp ltd (kpcl) | maharashtra || 145 | baranj - iv | karnataka power corp ltd (kpcl) | maharashtra || 146 | kiloni | karnataka power corp ltd (kpcl) | maharashtra || 147 | manora deep | karnataka power corp ltd (kpcl) | maharashtra || 148 | agarzari | maharashtra state mining corporation limited (msmcl) | maharashtra || 149 | warora | maharashtra state mining corporation limited (msmcl) | maharashtra || 150 | bhandak west | shree baidyanath ayurved bhawan ltd | maharashtra || 151 | marki mangli-ii | shree veerangana steel limited | maharashtra || 152 | marki mangli-iii | shree veerangana steel limited | maharashtra || 153 | marki mangli-iv | shree veerangana steel limited | maharashtra || 154 | belgaon | sunflag iron & steel co ltd | maharashtra || 155 | mandakini b | assam mineral dev corporation ltd, meghalaya | odisha || mineral dev corp, tamil nadu electricity board, | | | || odisha mining corporation ltd | | | || 156 | new patrapara | bhusan steel & strips ltd, adhunik metaliks ltd, | odisha || deepak steel & power ltd, adhunik corp ltd, | | | || odisha sponge iron ltd, smc power generation ltd, | | | || sree metaliks ltd,visa steel ltd | | | || 157 | bijahan | bhushan ltd, shri mahavir ferro alloys pvt limited | odisha || 158 | jamkhani | bhushan ltd | odisha || 159 | naini | gujarat mineral development corporation, puducherry industrial | odisha || promotion development and investment corporation limited | | | || 160 | mahanadi | gujarat state electricity corporation limited, maharashtra | odisha || state electricity board | | | || 161 | machhakata | gujarat state electricity corporation limited, maharashtra | odisha || state electricity board | | | || 162 | talabira-i | hindalco industries ltd | odisha || 163 | ramchandi | jindal steel & power limited | odisha || promotion block | | | || 1 | 2 | 3 | 4 ||----------------------------------------------------------------|--------------------------------------------------------|--------------------------------------------------------------------|-----------------|| 164 | utkal b 1 | jindal steel & power ltd | odisha || 165 | baitarni west | kerala state electricity board, odisha hydro power corp, | odisha || gujarat power corporation ltd | | | || 166 | talabira ii & iii | mahanadi coalfields ltd (mcl), neyveli lignite corporation ltd, | odisha || hindalco industries ltd | | | || 167 | utkal-a | mahanadi coalfields ltd (mcl), jsw steels ltd, | odisha || jindal thermal power comp ltd, jindal stainless steels ltd, | | | || shyam dri ltd | | | || 168 | utkal-b2 | monet ispat ltd | odisha || 169 | mandakini | monet ispat energy ltd, jindal photo ltd, tata power | odisha || company ltd | | | || 170 | utkal 'e' | national aluminium corporation | odisha || 171 | dulanga | national thermal power corporation | odisha || 172 | utkal-d | odisha mining corporation | odisha || 173 | nuagaon telisahi | odisha mining corporation, andhra pradesh mineral | odisha || development (apmdc) | | | || 174 | manoharpur | odisha power generation corporation | odisha || 175 | dipside manoharpur odisha power generation corporation | odisha | || 176 | radhikapur (west) | rungta mines limited, ocl india ltd, ocean ispat ltd | odisha || 177 | rampia | sterlite energy ltd, (ipp), gmr energy ltd (ipp), | odisha || arcelor mittal india ltd (cpp), lanco group ltd (ipp), | | | || navbharat power pvt ltd (ipp), reliance energy ltd (ipp) | | | || 178 | dip side of rampia | sterlite energy ltd, (ipp), gmr energy (ipp), | odisha || arcelor mittal india ltd (cpp), lanco group ltd (ipp), | | | || navbharat power pvt ltd (ipp), reliance energy ltd (ipp) | | | || 179 | north of arkhapal | strategic energy technology systems limited (setsl) | odisha || srirampur | | | || 180 | radhikapur(east) | tata sponge iron ltd, scaw industries ltd, sps sponge iron ltd | odisha || 181 | chendipada, | uttar pradesh rajya vidut utpadan limited, | odisha || chattishgarh mineral development corporation limited, | | | || maharashtra state power generation corporation ltd | | | || 182 | chendipada-ii | uttar pradesh rajya vidut utpadan limited, chattishgarh | odisha || mineral development corporation limited, maharashtra state | | | || power generation corporation ltd | | | || 183 | utkal-c | utkal coal ltd (formerly iccl) | odisha || 184 | biharinath | bankura dri mining manufacturers co pvt ltd | west bengal || 185 | andal east | bhushan steel ltd, jai balaji industries ltd, rashmi cement ltd | west bengal || 186 | barjora (north) | damodar valley corporation | west bengal || 187 | kagra joydev | damodar valley corporation | west bengal || 188 | kasta (east) | damodar valley corporation | west bengal || 189 | gourangdih abc | himachal emta power ltd, jsw steel ltd | west bengal || 190 | moira-madhujore | ramsarup lohh udyog ltd, adhunik corporation ltd, | west bengal || uttam galva steels ltd, howrah gases ltd,vikas metal & | | | || power ltd, acc ltd | | | || 191 | sarisatolli | calcutta electricity supply corporation ltd | west bengal || 1 | 2 | 3 | 4 ||-----------------|-------------------|------------------------------------------------------------|-----------------|| 192 | ardhagram | sova ispat limited, jaibalaji sponge ltd | west bengal || 193 | tara (west) | west bengal power development corporation limited (wbpdcl) | west bengal || 194 | gangaramchak | west bengal power development corporation limited (wbpdcl) | west bengal || 195 | barjora | west bengal power development corporation limited (wbpdcl) | west bengal || 196 | gangaramchak- | west bengal power development corporation limited (wbpdcl) | west bengal || bhadulia | | | || 197 | tara (east) | west bengal state electricity board | west bengal || 198 | jaganathpur b | west bengal mineral development & trading corp | west bengal || 199 | sitarampur | west bengal mineral dev & trading corp ltd | west bengal || 200 | trans damodar | west bengal mineral dev & trading corp ltd | west bengal || 201 | ichhapur | west bengal mineral dev & trading corp ltd | west bengal || 202 | kulti | west bengal mineral dev & trading corp ltd | west bengal || 203 | jaganathpur a | west bengal mineral dev & trading corp ltd | west bengal || 204 | east of damogoria | west bengal power development corporation limited (wbpdcl) | west bengal || (kalyaneshwari) | | | | schedule ii [see section 3(1)(q)]| sl | name of coal | name of prior allottee | state where coal ||---------|-------------------|--------------------------------------------------------------------------------|--------------------|| no | mine/block | mine/block | || located | | | || 1 | 2 | 3 | 4 || 1 | namchik namphuk | arunachal pradesh mineral dev & trading corporation | arunachal pradesh || 2 | gare-palma- iv/4 | jayaswal neco ltd | chhattisgarh || 3 | gare-palma-iv/2 | jindal power ltd (now jindal steel & power ltd) | chhattisgarh || 4 | gare-palma-iv/3 | jindal power ltd (now jindal steel & power ltd) | chhattisgarh || 5 | gare-palma-iv/1 | jindal strips limited (now jindal steel & power ltd ) | chhattisgarh || 6 | gare-palma-iv/5 | monet ispat ltd | chhattisgarh || 7 | chotia | prakash industries ltd | chhattisgarh || 8 | gare-palma-iv/7 | raipur alloys & steel ltd (now sarda energy and mineral limited) chhattisgarh | || 9 | parsa east | rajasthan rajya vidyut utpadan nigam ltd (rrvunl) | chhattisgarh || 10 | kanta basan | rajasthan rajya vidyut utpadan nigam ltd (rrvunl) | chhattisgarh || 11 | parbatpur-central | electrosteel castings ltd | jharkhand || 12 | tokisud north | gvk power (govindwal sahib) ltd | jharkhand || 13 | pachwara central | punjab state electricity board | jharkhand || 14 | kathautia | usha martin ltd | jharkhand || 15 | pachwara north | west bengal power development corporation limited (wbpdcl) | jharkhand || 16 | gotitoria (east) | bla industries ltd | madhya pradesh || 17 | gotitoria (west) | bla industries ltd | madhya pradesh || 18 | mandla north | jaipraskash associates ltd | madhya pradesh || 19 | amelia (north) | madhya pradesh state mining corporation | madhya pradesh || 20 | bicharpur | madhya pradesh state mining corporation ltd (mpsmc) | madhya pradesh || 21 | sial ghoghri | prism cement limited | madhya pradesh || 22 | marki mangli-i | bs ispat ltd | maharashtra || 23 | baranj - i | karnataka power corp ltd (kpcl) | maharashtra || 24 | baranj - ii | karnataka power corp ltd (kpcl) | maharashtra || 25 | baranj - iii | karnataka power corp ltd (kpcl) | maharashtra || 26 | baranj - iv | karnataka power corp ltd (kpcl) | maharashtra || 27 | kiloni | karnataka power corp ltd (kpcl) | maharashtra || 28 | manora deep | karnataka power corp ltd (kpcl) | maharashtra || 29 | marki mangli-ii | shree veerangana steels limited | maharashtra || 30 | marki mangli-iii | shree veerangana steels limited | maharashtra || 31 | belgaon | sunflag iron & steel co ltd | maharashtra || 32 | talabira-i | hindalco industries ltd | odisha || 33 | barjora (north) | damodar valley corporation | west bengal || 34 | kagra joydev | damodar valley corporation | west bengal || 35 | sarisatolli | calcutta electricity supply corporation ltd | west bengal || 36 | ardhagram | sova ispat limited, jai balaji sponge ltd | west bengal || 1 | 2 | 3 | 4 ||----------|---------------|------------------------------------------------------------|-----------------|| 37 | tara (west) | west bengal power development corporation limited (wbpdcl) | west bengal || 38 | gangaramchak | west bengal power development corporation limited (wbpdcl) | west bengal || 39 | barjora | west bengal power development corporation limited (wbpdcl) | west bengal || 40 | gangaramchak- | west bengal power development corporation limited (wbpdcl) | west bengal || bhadulia | | | || 41 | tara (east) | west bengal state electricity board | west bengal || 42 | trans damodar | west bengal mineral dev & trading corp ltd | west bengal | schedule iii [see section 3(1)(r)]| sl | name of coal | name of prior allottee | state where coal ||-----------------|--------------------------------------------------------------|-----------------------------------------------------------------|--------------------|| no | mine/block | mine/block | || located | | | || 1 | 2 | 3 | 4 || 1 | durgapur-ii/ | bharat aluminium company ltd | chhattisgarh || taraimar | | | || 2 | durgapur-ii /sarya | db power ltd | chhattisgarh || 3 | gare-palma sector-iii goa industrial development corporation | chhattisgarh | || 4 | gare-palma iv/8 | jayaswal neco ltd | chhattisgarh || 5 | talaipali | national thermal power ltd | chhattisgarh || 6 | chatti bariatu | national thermal power ltd | jharkhand || 7 | mahan | essar power ltd, hindalco industries ltd | madhya pradesh || 8 | mandla south | madhya pradesh state mining corporation ltd | madhya pradesh || 9 | dongeri tal-ii | madhya pradesh state mining corporation ltd (mpsmc) | madhya pradesh || 10 | kosar dongergaon | chaman metaliks ltd | maharashtra || 11 | nerad malegaon | gupta metallics & power ltd, gupta coalfields & washeries ltd | maharashtra || 12 | marki mangli-iv | shree veerangana steel limited | maharashtra || 13 | jamkhani | bhushan ltd | odisha || 14 | utkal b 1 | jindal steel & power ltd | odisha || 15 | utkal-b 2 | monet ispat ltd | odisha || 16 | mandakini | monet ispat energy ltd, jindal photo ltd, tata power | odisha || company ltd | | | || 17 | utkal-c | utkal coal ltd (formerly iccl) | odisha || 18 | brinda | abhijeet infrastructure pvt ltd | jharkhand || 19 | sasai | abhijeet infrastructure pvt ltd | jharkhand || 20 | meral | abhijeet infrastructure pvt ltd | jharkhand || 21 | moitra | jayaswal neco ltd | jharkhand || 22 | jitpur | jindal steel & power ltd | jharkhand || 23 | rohne | jsw steel ltd, bhushan power & steel ltd, jai balaji | jharkhand || industries ltd | | | || 24 | dumri | nilachal iron & power ltd, bajrang ispat pvt ltd | jharkhand || 25 | kerandari | national thermal power ltd | jharkhand || 26 | sitanala | steel authority of india ltd | jharkhand || 27 | ganeshpur | tata steel ltd, adhunik thermal energy | jharkhand || 28 | badam | tenughat vidyut nigam limited | jharkhand || 29 | tara | chhattisgarh mineral development corporation ltd | chhattisgarh || 30 | lohari | usha martin ltd | jharkhand || 31 | dulanga | national thermal power corporation | odisha || 32 | manoharpur | odisha power generation corporation | odisha | schedule iv (see section 28) part a the coal mines (nationalisation) act, 1973 (26 of 1973)amendment of section 1a1 in the coal mines (nationalisation) act, 1973 (herein referred to as the principal act), in sub-section (1) of section 1a, after the word and figure "section 3", the word, figure and letter", section 3a" shall be inserted2 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section3a'3a (1) notwithstanding anything contained in this act, any person being—mining operation by company and others(a) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india; or(b) a company or a joint venture company formed by two or more companies, may carry on coal mining operations in india, in any form either for own consumption, sale or for any other purpose in accordance with the prospecting licence or mining lease, as the case may be (2) the central government may, with a view to rationalise such coal mines so as to ensure the coordinated and scientific development and utilisation of coal resources consistent with the growing requirements of the country, from time to time, prescribe—(i) the coal mines or coal bearing areas and their location; (ii) the minimum size of the coal mine or coal bearing areas; (iii) such other conditions, which in the opinion of that government may be necessary for the purpose of coal mining operations or mining for sale by a company18 of 2013explanation—for the purposes of this section, "company" means a company as defined in clause (20) of section 2 of the companies act, 2013'amendment of section 343 in section 34 of the principal act, in sub-section (2), after clause (a), the following clause shall be inserted, namely:—"(aa) the coal mines or coal bearing areas and their location, the minimum size of the coal mine or coal bearing areas, and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a company under sub-section (2) of section 3a" part b the mines and minerals (development and regulation) act, 1957 (67 of 1957)1 in the mines and minerals (development and regulation) act, 1957 (herein referred to as the principal act), for section 11a, the following section shall be substituted, namely:—substitution of new section for section 11agranting of reconnaissance permit, prospecting licence or mining lease'11a (1) notwithstanding anything contained in this act, the central government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal or lignite, select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed, namely:—(a) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india; or(b) a company or a joint venture company formed by two or more companies, that carry on coal mining operations in india, in any form either for own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be (2) the central government may, with a view to rationalise coal and lignite mines referred to in sub-section (1), so as to ensure the coordinated and scientific development and utilisation of resources consistent with the growing requirements of the country, from time to time, prescribe—(i) the details of mines and their location;(ii) the minimum size of such mines;(iii) such other conditions, which in the opinion of that government may be necessary for the purpose of mining operations or mining for sale by a company (3) the state government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal or lignite to such company as selected through auction by competitive bidding or otherwise under this section:provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or lignite—(a) where such area is considered for allocation to a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be;(b) where such area is considered for allocation to a company or corporation or that has been awarded a power project on the basis of competitive bids for tariff (including ultra mega power projects)18 of 2013explanation—for the purposes of this section, "company" means a company as defined in clause (20) of section 2 of the companies act, 2013'2 in section 13 of the principal act, in sub-section (2), for clause (d), the following clause shall be substituted, namely:—amendment of section 13"(d) the terms and conditions of auction by competitive bidding, the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a company under sub-section (1) and sub-section (2) of section 11a" statement of objects and reasonshon'ble supreme court in writ petition (criminal) no120 of 2012 (manoharlal sharma vs principal secretary & ors) and writ petition (civil) no 463 of 2012 (common cause vs uoi & ors) and other connected public interest litigations, vide its judgment dated 25th august, 2014 has held that allocations of the coal blocks made through screening committee and government dispensation route as arbitrary and illegal the supreme court pronounced its order on 24th september, 2014 cancelling allocation of 204 coal blocks out of a total of 218 allocated since 1993 in case of 42 coal blocks (37 producing and 05 ready to produce), cancellation will take effect from 31st march, 2015 and in respect of the others, with immediate effect the court has also directed that an additional levy of rs 295/- per metric ton be paid by these 42 coal block allocatees for the coal extracted since commencement of production till 31st march, 20152 in light of the judgment and order of the hon'ble supreme court, it was considered expedient in public interest by the central government to take immediate action so as to ensure energy security of the country the need for promulgation of the ordinance was felt to overcome the acute shortage of coal in core sectors such as steel, cement and power utilities, which are vital for the development of the country further, to mitigate the hardships on household consumers, medium and small enterprises, cottage industries, as well as to overcome the overall shortage of coal in the country and augment its production by allocating coal mines to new allocatees, the coal mines (nationalisation) act, 1973 was amended by inserting section 3a and the mines and minerals (development and regulation) act, 1957 was amended by substituting section 11a, thereby removing the restriction of end use from the eligibility to undertake coal mining, in the national interest3 in order to implement the judgment and order of the supreme court and to address the above objectives, an ordinance namely, the coal mines (special provisions) ordinance, 2014 was promulgated by the president on 21st october, 2014 under article 123 of the constitution to replace the said ordinance, the coal mines (special provisions) bill, 2014 was introduced in the house of the people on 10th december, 2014 the said bill has been passed by the house of the people on 12th december, 2014 and is pending in the council of states4 in pursuance of the coal mines (special provisions) ordinance, 2014, actions have been initiated by the central government including the framing of rules for allocation of coal mines and therefore, it was considered necessary to give continuity to the provisions of the said ordinance and save the actions taken thereunder5 since parliament was not in session and the president was satisfied that circumstances exist which render it necessary for him to take immediate action, the coal mines (special provision) second ordinance, 2014 was promulgated on 26th december, 2014 under clause (1) of article 123 of the constitution6 it is proposed to introduce the coal mines (special provisions) bill, 2015, to replace the coal mines (special provision) second ordinance, 20147 the coal mines (special provisions) bill, 2015 provides for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastructure together with mining leases to successful bidders and allottees through a transparent bidding process with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national interest further, the bill, having regard to the coordinated and scientific development and utilisation of coal resources consistent with the growing requirement of the country, prescribed the condition to rationalise the coal sector for mining operations, consumption and sale8 the notes on clauses explain in detail the various provisions contained in the bill 9 the bill seeks to achieve the above objectivespiyush goyalnew delhi;the 16th february, 2015—————— president's recommendation under article 117 of the constitution of india[copy of letter fno54018/1/2015-ca-ii dated 18th february, 2015 from shri piyush goyal, minister of state for coal, power and nre to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed coal mines(special provisions) bill, 2015, recommends to the house the introduction and consideration of the bill under article 117(1) and (3) of the constitution of india notes on clausesclause 1—this clause provides the short title and commencement of the proposed legislationclause 2—this clause is a declaration as to expediency of union action clause 3—this clause provided for the definition of the expressions words used inthe proposed legislationclause 4—this clause provides for eligibility to participate in auction and payment of feesclause 5—this clause empowers the central government to allot a schedule i coal mine to a government company or corporationclause 6—this clause provides the central government to act through a nominated authority and its powers and functionsclause 7—this clause empowers the central government to classify certain schedule icoal minesclause 8—this clause empowers the nominated authority to issue vesting order or allotment order in respect of schedule i and schedule ii coal mines in the manner as prescribed thereinclause 9—this clause provides that the proceeds arising out of land and mine infrastructure in relation to a schedule i coal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance with such rules as may be providedclause 10—this clause provides for the procedure for utilisation of movable property used in coal mining operation in the manner as may be provided by rulesclause 11—this clause provides for discharge or adoption of third party contracts with prior allottees clause 12—this clause provides for provisions in relation to secured creditors clause 13—this clause provides that any and all alienations of land and mine infrastructure and creation of any encumbrances of whatsoever nature thereon which relate to the schedule i coal mines, made by any prior allottee after the 25th day of august, 2014 shall be void, save and except any registered security interest and charge over the land and mine infrastructure as registered by a bank or a financial institution or any other secured lenderclause 14—this clause provides for liabilities of prior allottees clause 15—this clause empowers the central government to appoint a commissioner of payments for the purposes of disbursing the amounts payable to prior allottees of the schedule i coal mines the sub-clauses provides the powers and functions of the said commissionerclause 16—this clause provides for the valuation of compensation for payment to prior allotteeclause 17—this clause provides that on and from the appointed date, the central government or a company owned by the central government shall be deemed to have become the lessee or licensee of the state government in relation to each of the schedule ii coal mines, in respect of which a mining lease or prospecting licence has been granted prior to the date of commencement of the proposed legislation, as if a mining lease or prospecting licence in relation to such coal mine had been granted to the central government or a company owned by the central government and the period of such lease or licence shall be the maximum period for which such lease or licence could have been granted by the state government under the mineral concession rules, 1960, and thereupon all the rights under such mining lease, including surface, underground and other rights shall be deemed to have been transferred to, and vested in, the central government or a company owned by the central governmentclause 18—this clause provides that on and from the appointed date, if the auction or allotment of schedule i coal mines is not complete, the central government shall appoint any person as a designated custodian for such coal mines as may be notified by the central government to manage and operate such notified coal minesclause 19—this clause and its sub-clauses provides for the powers and functions of the designated custodian in respect of schedule ii coal minesclause 20—this clause provides that a successful bidder or allottee or coal linkage holder shall, with prior approval of the central government and in accordance with such rules as may be prescribed, be entitled to enter into certain agreements or arrangements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the same end uses in the public interest and to achieve cost efficiencies it further provides that a successful bidder or allottee may also use the coal mine from a particular schedule i coal mine for any of its plants engaged in common specified end uses, in accordance with such rules as may be prescribedclause 21—this clause provides for the procedure for acquisition of land clause 22—this clause provides for realisation of additional levy from the prior allottee of schedule ii coal mineclause 23—this clause provides for penalties for certain offences clause 24—this clause provides for penalty for failure to comply with directions of central governmentclause 25—this clause provides for the procedure for penalty against the offences committed by a companyclause 26—this clause provides that no court shall take cognizance of any offence punishable under the proposed legislation or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the central government or nominated authority or the designated custodianclause 27—this clause provides an alternate dispute resolution forum for barring the jurisdiction of civil courts and other courts (except the supreme court and high courts) in relation to any matter connected with the proposed legislationclause 28—this clause provides for protection of action taken in good faith by the central government, nominated authority, commissioner of payments, or designated custodian or any person acting on their behalfclause 29—this clause provides that the provisions of the proposed legislation 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 such lawclause 30—this clause provides that on and from the date of commencement of the proposed legislation, the coal mines (nationalisation) act, 1973 and the mines and minerals (development and regulation) act, 1957 shall stand amended in the manner as provided thereinclause 31—this clause provides that the central government may, by notification in the official gazette, and subject to the condition of previous publication, make rules for carrying out the provisions of the proposed legislation sub-clause (2) of said clause provides for the matters in respect of which such rules may be made sub-clause (3) provides that every rule made by the central government are required to be laid before each house of parliamentclause 32—this clause 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 appear to it to be necessary or expedient for removing the difficulty, provided that no such order shall be made after the expiry of a period of two years from the date of commencement of the proposed legislation and every order made under this clause shall be laid before each house of parliament financial memorandumsub-clause (1) of clause 6 of the bill provides that the central government shall appoint an officer not below the rank of joint secretary to the government of india as the nominated authority who shall act for and on behalf of the central government for the purposes of the proposed legislation2 sub-clause (2) of clause 6 provides that the nominated authority may engage any expert having such qualifications and experience to make recommendations to the authority for the conduct of auction and in drawing up of the vesting order or allotment order in relation to the schedule i coal mines3 sub-clause (6) of clause 6 provides that the salaries and allowances and other terms and conditions of service of the nominated authority and such other officers and staff appointed thereunder4 sub-clause (1) of clause 15 provides that for the purposes of disbursing the amounts payable to prior allottees of the schedule i coal mines, the central government shall appoint an officer not below the rank of joint secretary to the government of india, to be the commissioner of payments5 sub-clause (2) of clause 15 provides that the central government may appoint such other officers and staff as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such officers to also exercise all or any of the powers exercisable by him under the proposed legislation6 sub-clause (4) of clause 15 provides that the salaries and allowances and other terms and conditions of service of the commissioner and other officers and staff appointed thereunder7 the manpower requirement and the total financial implication in terms of recurring and non-recurring expenditure as well as the modalities involved would, however, be determined after appointment of the nominated authority or commissioner of payments hence, it would be difficult to work out the exact expenditure, both recurring and non-recurring at this stage memorandum regarding delegated legislationsub-clause (1) of clause 31 empowers the central government to make rules, by notification in the official gazette and subject to the condition of previous publication, for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) provides for the matters in respect of which such rules may be made these matters, inter alia,include—(i) the manner of allocation of schedule i coal mines by way of public auction and details of fees under sub-section (1) of section 4; the terms and conditions for granting reconnaissance permit, prospecting licence or mining lease and the manner and conditions of competitive bidding under sub-section (2) of section 4; norms to become eligible to bid in an auction and the amount of investment in respect of a company having a coal linkage under sub-section (3) of section 4; the period within which the payment of additional levy by the prior allottee under sub-section (4) of section 4; the allotment order to make allocations to a government company or corporation under sub-section (3) of section 5;(ii) the powers of the nominated authority under sub-section (1) of section 6; the powers of the nominated authority under sub-section (2) of section 6; the powers of the nominated authority under sub-section (4) of section 6; the salaries and allowances and other terms and conditions of service of the nominated authority and other officers and staff under sub-section (6) of section 6;(iii) the manner of notifying the particulars of schedule i coal mines to be auctioned and furnishing of required information by the prior allottees under sub-section (1) of section 8; the manner of conducting auction and drawing of a vesting order under sub-section (3) of section 8; the determination of floor price or reserve price by the nominated authority under sub-section (5) of section 8; the form and manner of furnishing of bank guaranttee and the time within which such furnishing of bank guarantee under sub-section (6) of section 8; the manner of disbursement of priority payments under section 9; the manner of establishing title of movable property by the prior allottee or third party who has a contract with the prior allottee for the movable property under the first proviso to sub-section (5) of section 10; the manner of receiving compensation from the sale proceeds of the movable property under the second proviso to sub-section (5) of section 10;(iv) the manner in which the secured creditor paid out of the compensation in respect of any prior allottee under sub-section (2) of section 12; the manner of collection of additional levy by the central government from the prior allottees of schedule ii coal mines under sub-section (5) of section 14; the salaries and allowances and other terms and conditions of service of the commissioner of payments and other officers and staff under sub-section (4) of section 15; the manner of determination of compensation payable to the prior allottee and the lodging of registered sale deeds with the nominated authority under sub-section (1) of section 16; the method of determination of compensation for mine infrastructure in relation to schedule i and its reflection in the statutorily audited balance sheet under sub-section (2) of section 16;(v) the manner of transfer of the management and operation of any schedule iicoal mines by the designated custodian under sub-section (6) of section 19; the manner of providing agreements or arrangements for optimum utilisation of coal mined for specified end uses under sub-section (1) of section 20;(vi) the manner of usage of coal mine by a successful bidder or allottee for any of its plants under sub-section (2) of section 20; any other matter which is required to be, or may be, prescribed(vii) sub-clause (3) provides that every rule made by the central government are required to be laid before each house of parliament 2 the matters in respect of which the rules may be made are generally matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the coal mines (nationalisation) act, 1973 (26 of 1973)1a (1) it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation and development of coal mines to the extent hereinafter provided in sub-sections (3) and (4) of section 3 and sub-section (2) of section 30declaration as to expediency of union control34 (1) power to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide fro all or any of the following matters, namely:— ________ extracts from the mines and minerals (development and regulation) act, 1957 ( 67 of 1957)procedure in respect of coal or lignite11a the central government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of an area containing coal or lignite, select, through auction by competitive bidding on such terms and conditions as may be prescribed, a company engaged in,—(i) production of iron and steel; (ii) generation of power;(iii) washing of coal obtained from a mine; or(iv) such other end-use as the central government may, by notification in the official gazette, specify, and the state government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of coal or lignite to such company as selected through auction by competitive bidding under this section:provided that the auction by competitive bidding shall not be applicable to an area containing coal or lignite,—(a) where such area is considered for allocation to a government company or corporation for mining or such other specified end-use;(b) where such area is considered for allocation to a company or corporation that has been awarded a power project on the basis of competitive bids for tariff (including ultra mega power projects)13 (1) (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:—power of central government to make rules in respect of minerals(d) the terms and conditions of auction by competitive bidding for selection of the company under section 11a;———— a billto provide for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastructure together with mining leases to successful bidders and allottes with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national interest and for matters connected therewith or incidental thereto————(sh piyush goyal, minister of state for coal, power and nre)

Parliament_bills

94ed95fe-54e8-5cde-984b-5ac154d68491

bill no xxvi of 2021 the coconut development board (amendment) bill, 2021 a billfurther to amend the coconut development board act, 1979be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the coconut development board (amendment)act, 2021 namely:—'(b) "chairman" means the non-executive chairman of the board appointedunder clause (a) of sub-section (4) of section 4;(ba) "chief executive officer" means the chief executive officer of theboard appointed under sub-section (1) of section 7;'3 in section 4 of the principal act, in sub-section (4),—amendment of section 4(a) for clause (a), the following clauses shall be substituted, namely:—"(a) a non-executive chairman, to be appointed by the central government;5(aa) the chief executive officer, to be appointed by the central government;(ab) the joint secretary to the government of india, in-charge of mission for integrated development of horticulture, ex officio;";10(b) in clause (f), for sub-clause (ii), the following sub-clause shall be substituted, namely:—"(ii) consumer affairs;";(c) for clauses (g), (h) and (i), the following clauses shall be substituted, namely:—15"(g) four members to be appointed by the central government one each to represent the governments of the states of andhra pradesh, karnataka, kerala and tamil nadu, being states where coconut is grown on a large scale;20(h) four members to be appointed by the central government by rotation in the alphabetical order to represent the states of assam, bihar, chhattisgarh, goa, gujarat, maharashtra, nagaland, odisha, telengana, tripura, west bengal and the union territories of andaman and nicobar islands, lakshadweep and puducherry;25(i) six members to be appointed by the central government, two to represent the coconut growers of the state of kerala and one each to represent the coconut growers of the states of andhra pradesh, gujarat, karnataka and tamil nadu;"4 for section 5 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 530"5 the chairman and members of the board shall receive such allowances as may be fixed by the central government"allowances payable to chairman and members5 in section 7 of the principal act,—amendment of section 7(a) for sub-section (1), the following sub-sections shall be substituted, namely:—35"(1) there shall be a chief executive officer of the board, not below the rank of joint secretary to the government of india, to be appointed by the central government(1a) the chief executive officer shall exercise such powers and perform such duties as may be prescribed40(1b) the salaries and allowances payable to, and other conditions of service of, the chief executive officer shall be such as may be prescribed"; (b) in sub-section (2), for the word "chairman", the words "chief executive officer" shall be substituted;(c) in sub-section (4), after the words "the chairman", the words "or the chief executive officer" shall be inserted;(d) in sub-section (5), for the words "the chief coconut development officer", the words "the chief executive officer, the chief coconut development officer" shall be substituted;5(e) in sub-section (7), for the words "the chairman", the words "the chief executive officer" shall be substituted 6 in section 10 of the principal act, in sub-section (2),—amendment of section 10(a) in clause (b), for the words "in india", the words "within or outside india" shall be substituted;(b) in clause (i), the words "on a large scale" shall be omitted10amendment of section 197 in section 19 of the principal act, in sub-section (2), for clause (d), the following clauses shall be substituted, namely:—"(d) the powers to be exercised and the duties to be performed by the chief executive officer under sub-section (1a) of section 7;15(da) the salaries and allowances payable to, and other conditions of service of, the chief executive officer under sub-section (1b) of section 7;" statement of objects and reasonsthe coconut development board act, 1979 was enacted to provide for the development of the coconut industry under the control of the union and for matters connected therewith the coconut development board was established on 28th january, 1981 under the said act at present, the board has an executive chairman who is a joint secretary level officer in the government of india, appointed by that government on deputation basis from amongst officers of all india services or officers in the central government or state government or union territory administration or recognised research institutes or agricultural universities or public sector units2 for better management and administration of the board and for the welfare of coconut growers at large, it is proposed to make the post of chairman a non-executive one it is also proposed to have a post of chief executive officer of the board to exercise all the executive powers hitherto exercised by the chairman of the board thus, the work load shall be shared between the non-executive chairman and the chief executive officer of the board resulting in better and effective management and administration of coconut development board3 the appointment of a non-executive chairman would help in using his vast experience in the area of coconut cultivation, production, marketing, etc, for better governance and to take advantage of the new and emerging opportunities to keep pace with other economic entities it may also facilitate the management of the coconut development board to do business more innovatively and use resources in the most competitive and efficient manner and protect the interests of coconut growers4 under section 10 of the coconut development board act, 1979, the production and marketing of coconut and its products and related activities are restricted to india only it is necessary to expand such activities beyond india and to compete in the global market as india is already a member of international coconut community5 the coconut development board (amendment) bill, 2021, inter alia, seeks to— (i) make the post of chairman a non-executive one so as to enable better management and administration of the board and for the welfare of coconut growers; (ii) rename the present executive post of the chairman as the chief executive officer, who shall exercise all the executive powers of the board;(iii) provide for other consequential matters relating thereto6 the bill seeks to achieve the above objectsnew delhi;narendra singh tomarthe 19th july, 2021 financial memorandumclause 3 of the bill seeks to amend section 4 of the coconut development board act, 1979 sub-clause (a) of said clause seeks to substitute clause (a) of sub-section (4) of said section with new clauses (a), (aa) and (ab) which respectively provide for the appointment of a non-executive chairman, a chief executive officer and an ex officio joint secretary to the government of india, in-charge of mission for integrated development of horticulture, as member of the board sub-clause (c) of said clause seeks to substitute clauses (g), (h) and (i) of said sub-section, respctively providing for the appintment of four members instead of existing three members, four members instead of existing five members and six members instead of existing four members2 clause 4 of the bill seeks to substitute a new section for section 5 of said act, section 5 as so substituted provides that the non-executive chairman and members of the board shall receive such allowances as may be fixed by the central government3 clause 5 of the bill seeks to amend section 7 of the said act sub-section (1b) of said clause provides for the salaries and allowances payable to, and other conditions of service of, the chief executive officer4 however, the salary and allowances which are being paid to the existing executive chairman shall henceforth be paid to chief executive officer further, the non-executive chairman shall not be entitled to any salary, but to only allownaces also, there is an addition of only two representatives of coconut growers from the states of gujarat and andhra pradesh as non-official members who shall not be entitled to any salary, but to only allowances the allowances so payable shall be for participation in the board meetings, committee meetings, farm visits and other official meetings and such allowances shall be as fixed by central government in the rules made in this behalf5 this will involve expenditure of recurring nature, which would be a part of the administrative expenditure of the ministry the exact expenditure which will be involved under the proposed bill will depend upon the number of meetings or visits to be attended by the members of the board hence, it is not practicable to make an exact estimate of the recurring expenditure for the purpose at this stage memorandum regarding delegated legislationclause 7 of the bill seeks to amend section 19 of the coconut development board act,1979 to empower the central government to make rules for (i) the powers to be exercised and the duties to be performed by the chief executive officer and (ii) the salaries and allowances payable to, and other conditions of service of, the chief executive officerthe matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the coconut development board act, 1979 (5 of 1979) definitions3 in this act, unless the context otherwise requires,— (b) "chairman" means the chiarman of the board; chapter ii the coconut development board4 (1) (4) the board shall consist of the following members, namely:—establishment and constitution of the board(a) a chairman, to be appointed by the central government; (f) two members to be appointed by the central government to represent respectively the ministries of the central government dealing with—(i) revenue; and (ii) civil supplies and co-operation;(g) three members to be appointed by the central government one each to represent the governments of the states of kerala, tamil nadu and karnataka, being states wherein coconut is grown on a large scale;(h) five members to be appointed by the central government by rotation in the alphabetical order to represent the states of andhra pradesh, assam, maharashtra, orissa and west bengal and the union territories of the andaman and nicobar islands, goa, daman and diu, lakshadweep and pondicherry;(i) four members to be appointed by the central government, two to represent the coconut growers of the state of kerala and one each to represent the coconut growers of the states of tamil nadu and karnataka; 5 (1) the chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government(2) the members of the board shall receive such allowances as may be fixed by the central governmentsalary and allowances and other conditions of service of chairman and allowances of members 7 (1) the chairman shall be the chief executive of the board and shall exercise such powers and perform such duties as may be prescribedofficers of the board and other staff(2) the central government shall appoint a chief coconut development officer to exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the chairman (4) the central government shall appoint a secretary to the board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the board or the chairman(5) the chief coconut development officer and the secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government [10] m c(7) the chairman, the chief coconut development officer, the secretary and other officers and employees of the board shall not undertake any work unconnected with their duties under this act except with the permission of the central government 10 (1) functions of board(2) without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for— (b) recommending measures for improving the marketing of coconut and its products in india; (i) financing suitable schemes in consultation with the central government and the governments of the states where coconut is grown on a large scale, so as to increase the production of coconut and to improve its quality and yield; and for this purpose evolving schemes for award of prizes or grant of incentives to growers of coconut and the manufacturers of its products and for providing marketing facilities for coconut and its products; 19 (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:— (d) the powers which may be exercised and the duties which may be performed by the chairman as the chief executive of the board under sub-section (1) of section 7; rajya sabha———— a billfurther to amend the coconut development board act, 1979————(shri narendra singh tomar, minister of agriculture and farmers welfare)mgipmrnd—460rs(s3)—27-07-2021

Parliament_bills

3ce659a9-8167-5b3c-9203-0e833ed42af2

bill no xxxiii of 2015 the supreme court (establishment of a permanent bench at visakhapatnam) bill, 2015 a billto provide for the establishment of a permanent bench of the supreme court at visakhapatnambe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the supreme court (establishment of a permanent bench at visakhapatnam) act, 20155(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint10establishment of a permanent bench of supreme court at visakhapatnam2 there shall be established a permanent bench of the supreme court at visakhapatnam with such number of judges as the chief justice of india, may with the approval of the president decide, to exercise, jurisdiction in respect of cases arising in the states of andhra pradesh, telangana, orissa, tamil nadu, kerala, karnataka, chhattisgarh and maharashtra and such other territory as may be notified by the central government with the approval of the chief justice:provided that the number of judges at the bench at visakhapatnam shall not be less than seven statement of objects and reasonsthe pursuit of justice before law is a costly endeavaour which has been made more expensive by inordinate delays the logistical problems also aggravate litigation costs and further delaysthe rate of pending court cases in the country has crossed many millions and there is a severe backlog of court cases in the beleaguered legal systemarticle 130 of the constitution of india provides that the supreme court shall sit in delhi or in such other place or places as the chief justice of india may with the approval of the president appointhence, the bill seeks to establish a permanent bench of the supreme court at visakhapatnam in andhra pradesh there is already infrastructure and other facilities available at visakhapatnam this will provide an effective mechanism to make the judicial procedure for justice people-friendly and efficientdr t subbarami reddy financial memorandumclause 2 of the bill provides that there shall be a permanent bench of the supreme court at visakhapatnam in andhra pradesh the bill, if enacted, will involve recurring expenditure from the consolidated fund of india to the tune of rupees ten crore per annumhowever, a non-recurring expenditure to the tune of rupees one hundred crore is likely to be involved rajya sabha———— a billto provide for the establishment of a permanent bench of the supreme court at visakhapatnam————(dr t subbarami reddy, mp)gmgipmrnd—3378rs(s3)—07-12-2015

Parliament_bills

0c20c37f-32df-5523-aa07-b6d2368ab497

bill no 237 of 2018 the protection of women from domestic violence (amendment) bill, 2018 by shri vinod kumar boianapalli, mp a billto amend the protection of women from domestic violence act, 2005be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—43 of 2005amendment of section 52 in section 5 of the protecion of women from domestic violence act, 2005, (hereinafter referred to as the principal act), after clause (c), the following clauses shall be inserted, namely:—''(f) of the available self-help groups in his jurisdiction and provide her access to such groups;5(g) of the national skill india policy and connect her to one of the schemes;"amendment of section 93 in section 9 of the principal act, in sub-section (1), after clause (h), the following clause shall be inserted, namely:''(ha) to ensure that the victim has been provided access o self-help groups and/or national skill india policy schemes;''10 statement of objects and reasonsaccording to the national crime records bureau of india report in the year 2012, incidents of crime against women has increased by 64 per cent the report also suggests that a crime against women is committed in every three minutes fifty to seventy per cent women face domestic violence, while only two per cent of them reach the police to report the case this gap between the actual rate of crime and the reported rate needs to be mended one predominant reasons cited in various researches and agreed commonly, of women refraining from reporting cases of domestic violence against them is their financial dependence on the male counterpart or the householdthe need is to improve the accessibility of laws against domestic violence by equipping women with financial independence and security it is also required to include the institution of self-help groups and the national skill india policy schemes which are more inclusive and efficient in providing financial independence and security to the victims of domestic violencethe bill, therefore, seeks to amend the protection of women from domestic violence act, 2005 with a view to ensure financial security to the victims of domestic violence by providing them access to available self-help groups and national skill india policy schemeshence this billnew delhi;vinod kumar boianapallinovember 26, 2018 annexure extract from the protection of women from domestic violence act, 2005 (43 to 2005) 5 a police officer, protection officer, service provider or magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person—duties of police officers, service providers and magistrate| | | | | ||------|------|------|------|-----|(e) of her right to file a complaint under section 498a of the indian penal code, wherever relevant: 9 (1) it shall be the duty of the protection officer— duties and functions of protection officers(h) to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the code of criminal procedure, 1973;| | | | | ||------|------|------|------|-----|—————— a billfurther to amend the protection of women from domestic violence act, 2005————(shri vinod kumar boianapalli, mp)mgipmrnd—2129ls(s3)—20-12-2018

Parliament_bills

9c81ff52-25c8-5680-87fc-d957e277b7ed

bill no 290 of 2016 the food safety and standards (amendment) bill, 2016 by shri rabindra kumar jena, mp a billfurther to amend the food safety and standards act, 2006be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of section 5734 of 20062 in the food safety and standards act, 2006, (hereinafter referred to as the principal act), in section 57, in sub-section (1),—(a) in clause (i), for the words "two lakh rupees", the words "five lakh rupees"shall be substituted; and5(b) in clause (ii), for the words "ten lakh rupees", the words "twenty-five lakh rupees" shall be substitutedamendment of section 593 in section 59 of the principal act, for clauses (i) to (iv), the following clauses shall be substituted, namely:—10"(i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to three years and also with fine which may extend to ten lakh rupees;(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to five years and also with fine which may extend to fifteen lakh rupees;15(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which may extend to twenty-five lakh rupees;20(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than fifteen years but which may extend to imprisonment for life and also with fine which shall not be less than thirty-five lakh rupees" statement of objects and reasonsas it is important to detect adulteration of food for human consumption, we must also ensure stringent punishment for adulteration as a deterrent against adulteration therefore, this bill, seeks to amend the food safety and standards act, 2006 to increase the quantum of punishment for adulteration of food for human consumption to life imprisonment and the fine upto rupees thirty-five lakhshence this billnew delhi;rabindra kumar jenaoctober 20, 2016 annexure extract from the food safety and standards act, 2006 (34 of 2006)| ||-------------|| penalty for || possessing || adulterant |57 (1) subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable—(i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees;(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees (2) in a proceeding under sub-section (1), it shall not be a defence that the accused was holding such adulterant on behalf of any other person| ||------------|| punishment || for unsafe || food |59 any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,—(i) whether such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees| | | | | | | ||------|------|------|------|------|------|-----|———— a billfurther to amend the food safety and standards act, 2006————(shri rabindra kumar jena, mp)gmgipmrnd—2907ls(s3)—22112016

Parliament_bills

9d84c61f-f65f-51b1-a02e-c45d026368da

bill no ii of 2010 the constitution (amendment) bill, 2010 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2010 (2) it shall come into force at onceshort title and commencement52 after article 16 of the constitution, the following article shall be inserted, namely:—"16a (1) every citizen having attained the age of eighteen years shall have the right to gainful employment(2) the state shall provide gainful employment to the citizens as provided in clause (1)insertion of new article 16aright to gainful employment and unemployment allowance10(3) if the state fails to provide gainful employment to any citizen under this article, such citizen shall be entitled to unemployment allowance which shall not be less than rupees two thousand per month(4) the unemployment allowance shall be paid to the citizen till he or she is provided with gainful employment either in public or private sector" statement of objects and reasonsunemployment has emerged as one of the major problems of our country which is a vast and second most populous nation of the world the unemployment problem is so acute in our country that the youths of today have become frustrated and their energy and anger are being exploited by anti-social and anti-national elements to their advantage but, unfortunately, not enough has been done for unemployed youths our constitution proclaims the right to have adequate means to earn livelihood for all citizens and of social equality in the directive principles of state policy but it is certainly difficult to make social equality a reality unless the acute problem of unemployment in the country is solved hence, it is felt that the provisions in the directive principles of state policy cannot be fulfilled until it is made a fundamental right of citizenshence, this billthomas sangma financial memorandumclause 2 of the bill provides for the right to employment and for payment of unemployment allowance the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the amount at this stage, but it is estimated that a sum of rupees twenty thousand crore may involve as recurring expenditure per annuma sum of rupees one thousand crore may also involve as non-recurring expenditure from the consolidated fund of india rajya sabha———— a billfurther to amend the constitution of india————(shri thomas sangma, mp)gmgipmrnd—2324rs(s5)—03-05-2010

Parliament_bills

9ff9825e-30d2-59b4-af1f-9420e9cc2efc

bill no 240 of 2016 the constitution (amendment) bill, 2016 byshri jayadev galla, 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:—short title1 (1) this act may be called the constitution (amendment) act, 2016 2 after article 21a of the constitution, the following article shall be inserted, namely:—insertion of new article 21b(2) nothing in clause (1) shall prevent the state from making any provision fixing eligibility criteria for providing skill education to citizens(3) nothing in this article shall prevent the state from making any special provisions or programmes for physically challenged persons, persons belonging to the scheduled castes, the scheduled tribes or the other backward classes, divorced women and other weaker sections of the society"5 statement of objects and reasonswe are one of the few countries in the world where the working age population will be far in excess of those dependent on them and, as per the world bank, this will continue for at least three decades till 2040 this has increasingly been recognized as a potential source of significant strength for the national economy, provided we are able to equip and continuously upgrade skills of the population in the working age grouphon'ble prime minister has rightly said from the ramparts of red fort that we are a youthful nation and our youth is our strength and we want youngsters to be job creators and, it is also correctly said "hunar hai toh kadar hai", ie, "skill commands respect"there is no doubt that the government of india has adopted skill development as a national priority over the next ten years the eleventh five year plan detailed a road-map for skill development in india and favoured the formation of skill development missions, both at the national and state levels but, nothing tangible has been done so far we require 330 lakh skilled labour force in building and industry; 140 lakh skilled labour force in real estate services; 350 lakh skilled labour force in auto and auto components sector; 1030 lakh skilled labour force in the infrastructure sector; 127 lakh in healthcare sector and 177 lakh in transport and logistics sector by the year 2020we have schemes like national skill mission, deen dayal upadhyay gramin kaushal yojana moreover, ministry of human resource development have already proposed to make vocational education an integral part of university systembut, if one looks at the global scenario vis-a-vis india's position in skilled workforce, we are nowhere china has 47 per cent skilled workforce; australia has 60 per cent uk has 68 per cent; germany has 74 per cent japan has 84 per cent and korea has 96 per cent but, in india with 12 billion population, we have only just 2 per cent skilled workforce in spite of having 356 million young population of 10-24 years when compared to china's 269 million as per united nation world population reportso, unless and until we capitalize on the demographic dividend, it is very difficult to achieve the goal of getting 7-8 per cent growth and making india as skill captain of the world secondly, we are getting people with degree and diplomas, but their employability is very limited we are getting quantity, but without quality we require both quality and quantity so, we should lay emphasis in providing skills to youth with emphasis on employability and entrepreneurship if skill education is made as a fundamental right on the lines of right to education, the objectives of skilling india, making to develop entrepreneurial skills, making india the skill capital of the world, solving the employment problem, giving filling to make in india campaign, apart from other things, can be achievedthe bill seeks to achieve the above objectives hence this billjuly 12, 2016 financial memorandumclause 2 of the bill provides for incorporation of right to skill education in the fundamental rights of the citizens the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give an exact amount of expenditure to be involved however, it is estimated that an annual recurring expenditure about rupees one thousand crores is likely to be involveda non-recurring expenditure of about rupees one thousand crores is also likely to be involved lok sabha———— a billfurther to amend the constitution of india————(shri jayadev galla, mp)gmgipmrnd—2604ls(s3)—13102016

Parliament_bills

d7c56693-686c-5b88-8c3c-ce590d52dee9

bill no 243 of 2016 the hindu minority and guardianship (amendment) bill, 2016 by dr dharam vira gandhi, mp a billto amend the hindu minority and guardianship act, 1956be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the hindu minority and guardianship (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 section 632 of 19562 in section 6 of the hindu minority and guardianship act, 1956 (hereinafter referred to as the principal act),—(i) in clause (a), for the words "the father, and after him, the mother", the words"the father and the mother" shall be substituted; and(ii) in clause (b), for the words "the mother, and after her, the father", the words "the mother and the father" shall be substituted3 in section 7 of the principal act, the words "after him" shall be omittedamendment of section 7 statement of objects and reasonsthe hindu minority and guardianship act, 1956 was enacted as a supplement to the guardians and wards act, 1890 and deals with natural guardians and testamentary guardians incidentally abolishing the de facto guardians the act, however, does not treat men and women equally which needs to be amended the act provides for the father to be the natural guardian of a hindu minor boy or an unmarried girl and only after him the mother attains the position of a natural guardianthe various courts have since interpreted the expression "after him" occurring in clause (a) of section 6 of the act in a broad manner to include the absence of the father as well however, when the father is not absent, only he is subjected to the test of being a guardian for a minor and not the mother, however capable she might be for the same therefore, the provisions are required to be amended to provide for the equal treatment of both the parents ie father and mother of a minor for the purposes of minority and guardianship among the hindushence this billnew delhi;dharam vira gandhijuly 20, 2016 annexure extract from the hindu minority and guardianship act, 1956 (32 of 1956) natural guardians of a hindu minor6 the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are—(a) in the case of a boy or an unmarried girl - the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;(b) in the case of an illegitimate boy or an illegitimate unmarried girl - the mother, and after her, the father; 7 the natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mothernatural guardianship of adopted son lok sabha———— a billto amend the hindu minority and guardianship act, 1956————(dr dharam vira gandhi, mp)gmgipmrnd—2595ls(s3)—19-10-2016

Parliament_bills

301c27de-d8c5-5768-b1e4-15611e06bbc1

bill no xiv of 2006 the pathological laboratories and clinics (regulation and control) bill, 2006 a billto provide for regulation and control of pathological laboratories and clinics by making their registration compulsory with an appropriate authority and prescribing norms and standards for setting up a pathological laboratory or clinic and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the pathological laboratories and clinics (regulationand control) act, 2006short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effect2 in this act, unless the context otherwise requires,—definitions(a) 'authority' means registration authority notified under section 4(b) 'pathological laboratory or clinic' means any laboratory or clinic carryingout any kind of medical test of or on human body or its excreta for the purposes of diagnosing any disease or otherwise(c) 'prescribed' means prescribed by rules made under this act;53 (1) with effect from such date as the central government may by notification inthe official gazette appoint, no person or establishment shall run any pathological laboratory or clinic without prior registration with the appropriate authority in such manner as may be prescribedregistration to be compulsory for pathological laboratory or clinic(2) any pathological laboratory or clinic set up and running before the commencementof this act shall apply for the registration with the appropriate authority within a period of thirty days from the date of commencement of this act10establishmentof registrationauthority4 (1) the central government shall by notification in the official gazetteestablish a registration authority for the purpose of registration of pathological laboratories and clinics under this act(2) the authority shall have its headquarters at nagpur:15provided that the authority may establish as many offices at other places in thecountry as may be necessary for performing functions under this act(3) the authority shall consist of a chairperson and such other members notless than six, to be appointed by central government in such a manner as may be prescribed20(4) the terms and conditions of service of the chairperson and the membersshall be such as may be prescribed(5) the central government shall provide such number of officers and staff asmay be necessary to enable the authority to exercise its power and functions25(6) the authority shall prescribe the norms and various standards to be followedfor running a pathological laboratory or clinicprocedure for registration5 (1) on receipt of an application for registration, the authority shall cause theapplication to be scrutinised and for the purpose may call for such other information from the applicant as may be necessary for registration30(2) the authority shall cause the site of the pathological laboratory or clinic inspectedto have a first hand information of the infrastructure available and the compliance of normsand standards prescribed by the authority in this regard(3) the authority on being satisfied about the various requirements shall, grant aregistration certificate to the applicant in such manner as may be prescribed35(4) the authority shall arrange to inspect the registered pathological laboratory orclinic at least once in every yearcancellation of registration6 the authority may cancel the registration granted under this act if such pathologicallaboratory or clinic fails to comply with the norms and standards prescribed by the authority for the purpose40central government to provide money7 the central government shall, after due appropriation made in this behalf,provide such sums of money as it may think fit for being utilised for the purposes of this actpenalty8 whoever contravenes the provisions of this act and rules made thereunder shall bepunishable with imprisonment which may extend to three years or with fine which may extend to three lakhs rupees or with both45contravention by a company9 where a person committing a contravention of any of the provisions of this act orof any rule, made there under is a company, every persons who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct ofbusiness of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention5explanation— for the purpose of this section:—(i) "company" means any body corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm10power to removedifficulty10 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:15provided that no such orders shall be made after the expiry of the period of three yearsfrom the date of commencement of this actoverriding effect of the act11 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the act shall be in addition to and not in derogation of any other law for the time in force20power to make rules12 the central government may, by notification in the official gazette make rulesfor carrying out the purposes of this act statement of objects and reasonsin recent years, there has been sudden spurt in the number of pathological laboratories and clinics in the country there is, at present, no separate effective law to control and regulate the activities of these laboratories and clinics taking advantage of the situation, these laboratories are fleecing the innocent patients many of these laboratories are functioning without proper infrastructure, equipment and trained pathologists some of these laboratories are working in garages and tents under unhygienic conditions in view of this, many of these laboratories and clinics are not carrying out the examination in proper way leading to wrong diagnosis in fact, the persons running these laboratories are actually playing with the lives of the persons going to them for pathological tests and minting money in connivance with doctors who refer their patients to these laboratories/clinics the plight of a patient can very well be imagined who gets himself treated for a diseases only to be informed later on that he was never suffering from that diseaseit is high time that the government should step in and prescribe norms and standards for pathological laboratories/clinics and make provisions for their registration compulsory so as to save the people from this unhealthy business practice playing with their liveshence this billvijay j darda financial memorandumclause 4 of the bill provides that there shall be an authority for registration of pathological laboratories and clinics clause 7 provides that the central government shall provide funds for the purposes of the bill the bill, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees fifty crore would be involved from the consolidated fund of indiaa non-recurring expenditure of rupees five crore will also 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 matter will relate to details only, the delegation of power is of normal character———— a billto provide for regulation and control of pathological laboratories and clinics by making their registration compulsory with an appropriate authority and prescribing norms and standards for setting up a pathological laboratory or clinic and for matters connected therewith or incidental thereto————(shri vijay j darda, mp)mgipmrnd—6498rs—(s5)—16032006

Parliament_bills

5ba6cbe6-429d-5529-bedc-3128c0b7d68a

the c~mpt~lle,{ ,\i'j[) alldr tvt{-ge~jekal 's ~duties, piomers and cvl~d= ti\jt~s vi: servil;e) a'··iei',,['jl,ent bill, 1 <;~4 lly be la5_ inj;_r2pjl~~£l~nj,~ ~jpbh a 7 l page 2, line 8 ,-aft·er " as" i ns~£1 "the" ---2 page 2 line 23-aftc,!: " as" idssrt "the" 3 page 2, line 40 ,-jor " and and" ~ " and" l\jev~ delhi; it [f mar ls84 bill no 14 of 1984 the comptroller and auditor-general's (duties, powers and conditions of service) amendment bill, 1984 a bill further to amend the comptroller and auditor-general's (duties, powers and conditions 'df service) act, 1971 be it enacted /by parliament in the thirty-fifth yea~ of the republic of india as fouows:-1 this act may be called the comptroller and auditor-general's short (duties, powe!!'s and conditions of service) amendment act, 1984 title 5 2 in the comptroller and auditor-general's (duties, powers and amend-conditions of service) act 1971 (hereinafter referred to as the ment of 56 of 1971 principal act), in section 6: after sub-section (6), the following subsection 6 sections shall be inserted, namely:-"(6a) notwithstanding anything contamed in the fol'egoing 10 provisions of this section a person referred to in sub-r,'·ction (1) who dcijts otlice [whefber in any iininner specified in sub-section (8) or by resignationj as the comptroller and auditor-general after the commen«ment of the comptroller and auditor·(ienmli's (duties, powers and conditions of service) amendment act, 1984, shall, on sucll ej,emission, be entitled to-(a) the peli,ion to whicb he would have been entitled undu the rules of the service to which he belonged by reckoning his senke as tbe comptroller and audilor-gcneral a~ confiouingi apjirond service colmtin~ for pension in su:h service; and ,(b) a sprcial pension of seven hundred mpecs per annum iftl respect of each completr-d year of service as comptroller and auditor·general: provided that the aggregate of the amollnts payable to him under 10 clause (a) and chose :(b) of this sub-section shan in no cas,! exc('ed a sum of twenty thousand and four hundred rupees per annum (68) notwithstanding aaydalng contained in the foregoing proviiioiis of this seetlon a penon referred to in sub-section (3) who demi~ office rwhether in any manner specified in sub·s~cfi'ld (8) or 15 by reslpatlon] 88 tbe comptroller and auditor-general after the , commencement of the comptroller and auditorgeneral's (duties, powers and conditions of service) amendment act 1984, shad, on ell demission, be entitled ~ (a) the pension payable to him in respect of any previous 20 service under govemment; and (b) a special pemion of seven hundred rupees per annum in srspect of each ccmpleted year of servi('e as comptroller and auditor·general pnmdt!tl that the a~gregate of the amounts pavable to hhn under 25 e1auie (a) and clause (b) of this s~section shall in no case exceed - ,f twenty thousand and four hundred rupf',"s per annum, and such sum shall include the apregate of an otber pension", if any, payable to him and the commuted portion, if any, of his pension," 3, sectiollj 14 cf the principal act shall be ;renumbered as sub-'section 30 (1) thereof and-amendmentor action 14 (a) in the explonation to sub-section (1) as so renumbered,-(i) for the words "rupees five 1akhs", the words "rupees twenty-five lakhs" shall be 'substituted; (ii) for the words "this section", the words "this sub-section" 35 shall be substituted; (b) after suh-section (1), a's so :renumbered the following subsections shall be inserted, namely:-' "(2) notwithstanding anything contained in sub-section (1), the comptroller and and auditor-general may' with the previous 40 approval of the president or the governor of a state or the administrator of a union territory having a legh>lative assembly, as the case may be, audit all receipts and expenditure of any bo,dy or authority wh~re the grants or loans to such body or authorlty f~om the, consol1d,ated fund of india or of any state or of any umon ter;rltor~ having a legislative assembly a th 4j case may be in a financial year is not less th'ln rupe'$ on's e, , -e crore, (3) where the receipts and expenditure of any body or authority are, by virtue of the fultument of the conditions 8petlfied in sub-section (1) or sub-section (2), audited by the comptroller and auditor-general in' a financial year, he shall continue 5 to audit the receipts and expenditure of that body or authwity for a further period of two years notwithstanding that the conditions specified in 'sub-section (l) or sub-section (2) are not fulfilled during any of the two subsequent years" 4, after section 19 of the principal act, the following section shall be 10 inserted, namely:-insertion ofmw section lea '19a (1) the reports of the comptroller and auditor-gei)el:a1 in relation to the accounts of a government company or a corporation referred to in section 19, shall' be submitted to the government or government's concenwd (2) the central government shall cause every report received by it under sub-section (1) to be laid, as soon as may be after it is received, before each house of parliament layin,of reporta in relation to accounts of government com panies and corporationa (3) the state government shall cause every report received by it under sub-isection (1) to the laid, as soon as may be afterl it is received, before the legislature of the state explanatlion-for the purposes of thi'i) section "goverrunent" or "state government", in relation to a union territory having' a legislative assembly, means the administrator of the union territory' statement of objects and reasonsthe comptroller and auditor-general's (duties, powers an~ conditions of service) act, 1971 was enacted to determine the condltlons of service of the comptroller and auditor-general and prescribe his dutiea and powers the act was amended' in 1976 mainly for the purpose of making the necessary provision for relieving the comptroller and a~ditor­general from the responsibility for compiling' accounts in the light of the changed circumstances and expe!ience gained from the working of the provisions of the act, it is considet'ed necessary to make certain further amendments 2 while the provisions as to ipension payable to officers of government have been modified, the pension payable to the comptroller and auditor-gener'al remains the same as fixed in 1971 it is accordingly proposed to provide that subject to a maximum of rs 20,400/- per annum, a serving officer appointed as a comptroller and auditor-general will be entitled by way of pension to an amount equal to the aggregate of the pension admis;ible to him in the service to which he belonged by treating his service as comptroller and auditor-general as continued approved service for this purpose and a special pension calculated at the rate of rs 700/- per annum for each completed year of service as comptroller and auditor-general, it is also proposed to provide that subject to the aforesaid maximum of rs 20,400/- per annum, a retired officer appointed as a comptroller and auditor-general will be entitled by way of pension to the aggregate of the pension admissible to him under the rules governing the service to which he belonged and a special pension calculated at the rate of rs 700/- per annum for each completed year of service as comptroller and a uditor-general these revised provisions as to pension will be applicable only in the case of persons demitting office as comptroller and auditor-general (on completing the term or attaining the age of 65 years or on ground of ill health or by' resignation) after the commencement of the proposed legislation (vide clause 2 of the bill) 3 at present, under section 14 of the act, the comptroller and auditor-general is required to audit the receipts and expenditure of a body or authority which is substantiahy financed by grants or loans from the consolidated fund of india or of any state or of any union territory having a legislative assembly according to the explanation to that section, where the grant or loan to a body or authority from the consolidated fund of india or o:e any state or of any such union territory i's not less than rs 5 lakhs and the amount of such grant or loan is not less t~n seventy-five per cent, of the total expenditure of t4at body 'or authonty, such body or author1t,/ is deemed to be substantially financed b~ 'such gran~ or loan it is proposed to enhance the limit specified in thls explanatton from rs 5 lakhs to rd 25 lakhs it is also proposed to provide that the comptroller and auditor-general may, with the approval of the president or govemor or administrator, undertake audit of the receipt and expebditure of a body or authority which is in receipt of government grant or loan of rupees one crore or more in a year, though this may be less than 75 per cent of the total expenditure of that body or authority it is further proposed to provide that where a body or authority comes within the purview of the audit of the comptroliler and auditor-\ general in any year by reason of the tests in the expla'ngtion and new sub-section (2) being complied in its case, the comptroller and auditor-general shall continue to audit the recetpts and expenditw'e of such body or authority for the succeeding two years also even if such body or authority fails to comply with the tests pro\ ided in the said explanation and new sub-section (2) in efther or both of those years (vide clause 3 of the bill) 4 the present opportunity is being availed of to include in the act a provision for the laying of audit reports of the comptroller and auditor-general in relation to the accounts of government companies or corporations referred to in section 19 of the act before parliament or, as the case may be, the legislature of the state concerned (vide clause 4 of the bill) s the bill seeks to achieve the above objects new delhi,' pranab mukherjee the 27th february, 1984 president's recommendation under article 117 of the constitution of india[copy of letter dated 27 february, 1984 from shri pranab kumar mukherjee, minister of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the bill to amend the compt;roller and auditor-general's (dutie's, powers 'and conditions of service) act, 1971, recommends under article 117(1) of the constitution tor the introduction of the billj in and under article 117(3) , of the constitution for the consideration of the bill by lok sabha !clause·2 of the bill proposes to amend section 6 of the act by inserting sutrse<rnbns (6a) and(sb) the proposed sub-section (6a) ·provides that a person, who before his slppointment as comptroller and auditor-general, was in service of government, on demitting offic~ as comptroller and auditor-general, will be entitled to an aggregate pension not exceed ing rs 20,400/- per annum the proposed sub-section (6b) provides that a person who before assuming office as comptroller and auditor-general was in receipt of pension for previous service under government will be entitled to a special pension of rs 700/- per annum for each completed year of service as comptroller and auditor-general subject to 8 maximum aggregate pension of rs 20,400/- per annum in terms oj the existing sub-section (2) and sub-sectionl (3) of section 6 of the act, the maximum pension admissible to the comptroller and auditor-general is rs 18,000/ per annum the bill if enacted, will, therefore entail on , , the basis of the existing rate of normal service pension, an additional expenditure (charged) of rs 2,400/- per annum from the com;olidated fund of india 2 the bill does not involve any other expenditure whether recurring or non-recurring " - annexure extract from the comptroller and auditor-general's (duties, powers and conditions of service) act, 1971(56 of 1971) - - - - - 14 where any body or authority is substantially financed by grants or loans from the consolidated fund of india or of any' state or of any union territory having a legislative assembly, the comptroller and auditor-general sham, subject' to the provision's of any law for the time being in force applicable to the body or authority, as the case may be, audit all receipts and expenditure of that body or authority and to report on the receipts and expenditure audited by him audito! receipts and expenditu:e of bodies or autho-'dties i substantially financed from union or state revenues explanation-where the grant or loan to a body or authority from the consolidated fund of india or of any state or of any union territory having a legislative assembly in a financial year is not less than rupees five lakhs and the amount of such grant or loan is not less than seventyfive p~r cent of the total expenditure of ihat body or authority, such body or authority shall be deemed, for the pullposes of this section, to be substantially financed by such grants or loans, a! the case may be - - - - - - a billfurther to amend the comptroller and auditor-gene,ral's (duties, pow'era and conditions of service) act, 1971 (shri pranab kumcr mukher;ee, minister of fmance)

Parliament_bills

d5af2906-e0b9-5056-8251-f79b3ee2dcfe

bill no 279 of 2016 the child development bill, 2016 byshri bhairon prasad mishra, mp a billto provide for all-round development of children and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the child development act, 2016(2) it extends to the whole of indiadefinitions2 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) "child" means a person who has not attained the age of eighteen years; and (iii) "prescribed" means prescribed by rules made under this act53 (1) the central government shall by notification in the official gazette, constitute a fund to be known as the child development fundconstitution of the child development fund(2) the central government and the state governments shall contribute to the fundin such proportion as may be prescribed10(3) there shall also be credited to the fund, donations or contributions received fromother organisations or individuals4 every child shall have the right to—rights of a child(i) free education upto senior secondary level in all schools includinggovernment aided private schools;(ii) scholarship, in such cases as may be prescribed;15(iii) nutritious food, including mid-day meal in the schools; (iv) free transport facilities between place of residence and the educationalinstitutions;(v) free bicycles, where there are no proper transport facilities; (vi) free vocational training;20(vii) free access to the games and sports facilities; (viii) free travel in railways for undertaking educational tour;(ix) free healthcare facilities; (x) insurance cover free of cost; and (xi) physical fitness training25explanation—for the purposes of clause (i), ''free education'' means educationwithout payment of charges of fee of any kind and includes supply of books, stationery items and uniform, free of cost5 it shall be the duty of appropriate government to implement the provisions of thisact30appropriate government to implement the act power to make rules6 (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 reasonschildren are the future of a country majority of the children in our country do not have access to quality educational facilities and sports facilities due to lack of funds with their parents in fact, their parents are so poor that sometimes they can't even afford a single square meal in a day consequently, due to the lack of proper nutrition and proper healthcare, these children become disease pronemoreover, in many rural areas children do not have any recreational facilities it is, therefore, necessary to bring a law providing basic educational facilities free of cost and access to sports facilities to every child to ensure all round development of his personalityhence this billnew delhi;bhairon prasad mishraoctober 28, 2016 financial memorandumclause 3 of the bill provides for the constitution of a child development fund, clause 4 confers certain rights on children including free educational scholarship and free vocational training, etc the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten thousand crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees twenty thousand crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for all-round development of children and for matters connected therewith or incidental thereto————(shri bhairon prasad mishra, mp)gmgipmrnd—2956ls(s3)—21112016

Parliament_bills

3d7dbb0d-b5c5-5e68-8a10-b6be7ce3d1cb

bill no 91 of 2018 the historical heritage conservation bill, 2018 byshri dhananjay b mahadik, mp a billto provide for setting up of a mechanism to maintain, preserve and protect the identified and unidentified ancient, historical or archaeological sites, remains, monuments, modules and carvings 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 historical heritage conservation act, 2018(2) it extends to whole of indiashort title, extent and commencement5(3) it shall come into force with immediate effectdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;5(b) "historical or archaeological site" means areas where ruins or remains of historical or archaeological importance are available or believed to be available for more than hundred years including such geographical sites which have importance in indian civilization or in any period of the history of national freedom movement and also includes—(i) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such site; and(ii) the means of access to, and convenient inspection of, historical or archaeological sites10(c) "archaeological remains" includes the following which have been in existence for not less than one hundred years—(i) any coin, module, handwritten document, relics or other artifacts or works of artisan;(ii) any material or article which is associated with a construction or cave;15(iii) any material or article which is a witness of science, art, craftsmanship,literature, religion, tradition, moral ethics or politics of previous eras;(iv) any material or article of historical importance; and (v) any material or article whose archaeological importance fulfills the purposes of this act and so declared through a notification in the official gazette20(d) "historical monuments" means any structure, memorial, stupa, graveyard, cave, stone modules, embossed write up or monoliths of historical, archaeological or artistic interest which have been in existence for not less than one hundred years including such building, fort, memorials which have importance in indian civilization or in any period of the history of national freedom movement and also includes—25(i) remains of an ancient monument; (ii) site of an ancient monument;(iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument; and30(iv) the means of access to, and convenient inspection of, an ancient monument (e) "historical heritage" includes historical or archaeological site and remains, antiquities and historical monument of significant historical importance relating to indian culture, civilization or national freedom movement;35(f) "non-governmental organisation" means an organisation, institution, educational centre or research institution engaged in the field of preservation, protection and maintenance of historical heritage for a period of not less than three years with a good track record of its activities; and(g) "prescribed" means prescribed by rules made under this act40 24 of 1958(2) the words and expressions used in this act but not defined herein and defined in the ancient monuments and archaeological sites and remains act, 1958 shall have the same meaning as assigned to them in that act3 (1) the central government shall, by notification in the official gazette, set up a mechanism to maintain, preserve and protect historical heritage in all the states of the country(2) the mechanism set up under sub-section (1) shall incorporate,—setting up of a mechanism to maintain, preserve and protect historical heritages5(a) entrusting the responsibility of maintaining, preserving and protectinghistorical heritage which have been declared as a symbol of national importance or otherwise in any state of the country to an established non-governmental organisation;(b) criteria for the selection of non-governmental organisations for entrustingthe work of preservation of historical heritage;10(c) constitution of body at national level to monitor and regulate the functioningof non-governmental organisations and obtain annual or regular reports from such organizations;15(d) providing adequate financial assistance to the non-governmentalorganisations entrusted with the task of preservation of historical heritage under this act on the recommendation of body constituted under clause (c);(e) entrusting responsibility on the non-governmental organisations responsibilefor maintenance, preservation and protection of historical heritage to create awareness among people about the importance of preservation and protection of historical heritage;20(f) provision of appropriate legal action against the non-governmentalorganisations involved in irregularities;(g) making the government department related to maintenance of historicalheritages as the nodal agency to implement the mechanism set up under sub-section (1)and to regulate and control the body constituted under clause (c);25(h) provision to empower the non-governmental organisations to collect minimumfee from the visitors after obtaining permission thereof from the body constituted under clause (c); and(i) entrusting responsibility of excavation, maintenance and supervision of otherheritages at local level to the non-governmental organisations304 (1) it shall be the duty of the duty of the appropriate government to ensure effectiveimplementation of the provisions of this actimplementationof the provisions of the act(2) the appropriate government shall monitor and review, from time to time, thefunctioning of non-governmental organisations engaged in preservation and protection of historical heritage in such manner, as may be prescribed355 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the state governments for carrying out the provisions of this actcentral government to provide adequate fundspenalty406 if any non-governmental organisation indulges in any act which is or is likely to bedetrimental to the preservation and protection of any historical heritage, the appropriate government may initiate such action against such organisation as it may deem fit including imposition of fine and cancellation of recognitionpower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act45(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 unique nation in terms of its culture and heritage where the live examples of its thousands year old culture and civilization still exists in the form of various historical heritage monuments, sites and ruins etc these are the proof of our golden and glorious history which have an importance and respect not only for indians but for foreign nationals as well but it's very unfortunate that some of the heritage monuments neither earmarked or identified nor being maintained appropriately many historical building are losing their original shapes due to renovation and construction being done in their adjacent buildings proper monitoring, protection and security is very important the experience in this regard is not very positive so far therefore, a policy is required to be framed at community level in this regard apart from this, there is need to make efforts in this regard by entrusting nongovernment organizations for protection of heritage buildings we may get its effective benefit if the responsibility of better management, regulation and monitoring system is handed over to the local people where the heritage is situatedhence this billnew delhi;dhananjay b mahadikfebruary 13, 2018 financial memorandumclause 3 of the bill provides for the setting up of a mechanism for maintenance, preservation and protection of historical heritage in the country it also provides for the constitution of body at national level to monitor and regulate the functioning of nongovernmental organisations it further provides for adequate financial assistance to the non-governmental organizations for carrying out the provisions of the act clause 5 provides for adequate funds to the state governments for carrying out the provision of the act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is difficult to give an exact estimate of the expenditure to be incurred on it however, it is estimated that a recurring expenditure of about rupees one thousand crore per annum will be incurred from the consolidated fund of indiano non-recurring expenditure is 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 matter of detail only, the delegation of legislative power is of a normal character———— a billto provide for setting up of a mechanism to maintain, preserve and protect the identifiedand unidentified ancient, historical or archaeological sites, remains, monuments,modules and carvings in the country and for matters connected therewith————(shri dhananjay b mahadik, mp)mgipmrnd—4582ls(s3)—13-03-2018

Parliament_bills

1d70cf90-cc80-51ac-b98e-ab77ee9226f5

on the 21st june, 2019 bill no iii of 2018 the micro, small and medium enterprises development (amendment) bill, 2018 a billto amend the micro, small and medium enterprises development act, 2006be it enacted by parialment in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (i) this act may be called the micro, small and medium enterprises development(amendment) act, 20185(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint2 in the micro, small and medium enterprises development act, 2006, after section 10, the following sections shall be inserted, namely:—insertion of new sections 10a and 10b"10a (1) every scheduled commercial bank either belonging to public sector or10 private sector, shall lend to the micro, small and medium enterprises at the rate of eight per cent per annumlending rate and limit for lending of collateral free loan(2) every micro, small or medium enterprises shall be entitled to collateral free loan up to rupees four crore from scheduled commercial banks10b the central government shall, from time to time, notify such incentives and concessions to increase the inflow of equity capital into micro, small and medium enterprises, as it may deem fit"incentives and concessions to increase the inflow of equity capital5 statement of objects and reasonsthe micro, small and medium enterprises development act, 2006 aims to provide for facilitating promotion and development and enhancing the competitiveness of micro, small and medium enterprises (msmes) in the country and also develop skill among employees, management and entrepreneurs, provisioning for technological upgradation, marketing assistance or infrastructure facilitieshowever, the msmes continue to face serious bottlenecks in its development, despite contributing eight per cent of the country's gdp and forty per cent of india's exports, employing about sixty five million people lack of access to adequate and timely credit at reasonable rate is the critical problem faced by this sector hence, there is an urgent need to make it compulsory by law for scheduled commercial banks, both public sector and in private sector, to provide affordable interest rates to msme sector for their capitalthe bill seeks to achieve the above objectdr t subbarami reddy annexureextract from the micro, small and medium enterprises development act, 2006 section 10 credit facilities:— the policies and practices in respect of credit to the micro, small and medium enterprises shall be progressive and such as may be specified in the guidelines or instructions issued by the reserve bank, from time to time, to ensure timely and smooth flow of credit to such enterprises, minimise the incidence of sickness among and enhance the competitiveness of such enterprises rajya sabha———— a billto amend the micro, small and medium etnerprises development act, 2006————(dr t subbarami reddy, mp)mgipmrnd—807rs(s3)—25-06-2019

Parliament_bills

a57e12fb-4417-5613-90a2-e239e1a02d15

to the indian electricity (amendment) bill, 1911 l-th bsz/ae introduced in ipk $qbha 71 page 3, line 34,-tqi "clause" ~ "clau!le8"' 2 page 5, line s 2 and 3,-i / tql: f shall be itp1mishable t ~ '''shall be punishable t 3 rage?, in the marginal heading ~ eeetion"",w { m "undertaking" ~ "undeptakingrj!f 4 page 8, line 9,- : tor "tbreof"" ~ "the reo ft·n 5 page 8, line 28,-for "lj,cenee" ma4 ''license it agraha,yana 1 , 181)9 t 8aka) bill no 143 of 1177 - j the indian electricity (amendment) bill, 1977a bill further to amend the indian electricity act, 191'0 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-l this act may be called the indian electricity (amendment) act, 1m short title 9 of 1910 5 2 in section 1 of the indian electricity act, 1910 (hereinafter referred amendto as the principal act'), in s'ub-section (1), the word "indian" shall be ment of omitted section 1 amendment of section 5 3 in sub-section (2) of section 5 of the principal act, for the words, brackets, figures and letter iisub-sections (1) and (2) of section 7 a, or 10 as thle case may be, sub-section (3) of that section", the words, brackets, figures and letter "alub-sections (1), (2) and (3) of section 7a" shall be s1&bstituted 4: in section 6 of the principal act,-amendment of secuon 6 (i) after sub-section (5), the following sub-section shall be inserted, namely:-is "(5a) where a notice exercising the option of purchasing the undertaking has been served upon the licensee under this section, th~ licensee shall deliver the undertaking to the state electricity board, the state government or the local authority, 20 as the case may be, on the expiration of the rjelevant period referred to in suh-section (1) pending the determination and payment of the v· '~chase price: provided that in any such cue, the purchaser shall pay to the licensee, interest at the reperve bank rate ruling at the time of delivery of the undertaking plus ode per centum on the purchase price of the undertaking for the period from the date of delivery of the undertaking to the date of payj1tent of the pur-s chase price"; (ii) sub-section (6) shall be omitted amendment of section 7 5 in section 7 of the principal act, for the words, brackets and figures "or under sub-section (6) of section 6", the words, brackets, figures and letter "or under sub-section (sa) of section 6" shall be substituted 10 • in section 7 a of the principal act,-amendment of lection '1 a (i) for sub-sections (1) to (1) the following sub-sections shall be substituted, namely:-" (1) wh~ an undertaking of a licensee is sold under subsection (1) of section 5, the purchase price of the undertaking is shall ·be the book value of the undertaking at the time of purchase or where thle undertaking has been delivered before the purchase under sub-section (3) of that section, at the time of delivery of the undertaking (2) for the purposes of sub-sedtion (1), the book valule of 20 an undertaking shall be an amount equal to the sum of-(i) the original cost of fixed asset" available for use and necessary for the purpose of the undertaking; (ii) the cost of intangible assets, including expenses on account of the new capital issue; ·35 (iii) the original eost of works in progrefll; (iv) the cost of stores, materials and supplies including fuel on hand which are required for the purpose o·f the undertaking, lebb-30 (a) the amounts written oft or set aside ollaccount of depreciation of fixed assets and the amounts written ,of! 1a respect of intangible assets in the books of the undertaking;" (b) the oririnal cost of service lines or other capital works or part thereof which bave ~ constructed at the expense 35 of the consumers or any other deposits made by the consumers: provided that where the state electricity board, tq state go'nment or the local authority, as the case may be, exerdses an option not to take over any asset of the undertaking ae- 40 quired by the ueensee without the concurrence of the state govet'lumllt una paragraph xv of the sixth schedule to the electricity (supply) act, 1948, th3 value of such asset shall not be included ~8) if there is any -dii!er'ence or dispute regarding the determmation of the book value of the undertaking underaubsection (2), the same shall be determined by arbitl'ation"; 5 (ii) :in sub-aection ~4), for the words, braclclets and figures "sub sections (1) and (2')", the words, bracke~ and figures "sub-sections (1) i (2) and (3)" shall be substituted 1 after section 7a of the principal act, the following section shall be inserted, namely:-inlertion of new section 7aa 10 | power ||-----------|| take || pouealion || ot || under- || lakin, |is 20 117aa, (1) if a hdensee upon whom a notice requiring him to deliver the undertaking to the designated purchaser has been served in pursuance of sub-section (3) of section 5 or a notice exercicoing thfq option of purchasing the undertaking has been served under aection 6, refuses or fails to deliver the undertaking as required uolldar aub-llection (3) of section 5, or under sub-section (sa) of section 6, as the case may be, the state electricity board, the state government or the local authority, as the case nuurbe, may, by order in w'riting, require the licensee to dellvie!' qn or before such date as may be specified iri the order, the undertaking to such officer as the ettate electricity board, the state government or the local authority, as the case may be, may appoint in that behalf and the licensee shall comply with such order (21) if the ~ensee fails to comply with an order issued under sub-section' (1), the officer appointed under that sulb-section may forthwith take possession of the undertaking and may take or cause 25 to bel taken such steps and use or cause to lbe used such force as may, in the opinion of such officer, be reasonably necessary for that purpose (,3) on the taking over of possession of the undertaking under sub-section (2), the provision~ of section 7 shall apply as if the un-3p ~g had ,been ~lied to the state electricitty board, the state govemment or the local authority, as the case may be, under sub-section (a) of section 5 or sub-section (sa) of section 6, as the case may t" 8 in bub:-section (2) of section 36a of the principal act, for clause amead-3c (c) and (4), the following clauses shall be substituted, namely:-ment of j aectton (0) one member to be nominated by the central government 8ga ·110 repnsent the union territory qf delhi; ~) one member to be nominated by the central government to ftip1'8sent the union territory of the andaman and nicobar 40 islands;" 9 in section 38 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:-amendment of section 38 "(3) every rule made '4dder section 37 shall be published in the gazette of india and 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 s 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 10 thereafter have eftect 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 for section 39 of the principal act, the following section shall be substituted, namely: -is substitution of new section for section 39 theft of energy "39 whoe, dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than five hundred rupees but which may extend to five thousand rupees, 20 or with both: pjrovided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than five hund rupees:· 11 in section 40 of the principal act, for the words "two years", the 2s words "three years" shall be substituted 12 after section 42 of the principal act, the following section shall be insertled, namely:- "42a whoever-(a) being a licensee or an officer or other employee of the licensee, wilfully fails or refuses to deliver to the officer ap- 30 pointed under sub-section (1) of section 7aa, possession of the undertaking of which such officer is entitled to take, or (b) wilfully obstructs the said oiftcer in entering into pol-session of the undertaking or taking poslsession of any of its 3s property, shall be punishable with imprisonment for a term which m~ extend to three years, or with fine which mayextend to one thousand rupees, or with both" amendment of section 40 insertion of new section 42a penalty for refus1l10r failure to deliver possession of undertaking and for obstructing the taking of possession thereof amendment of section 44 13 in section 44 of the principal act, for the words "shall be punish- 40 able with fine which may extend to five bundred rupees", the words "shall be punisihable with imprisonment for a tenn which may extend to three years, or with fine which may extend to one thousand rupees, or with both" shall be substituted amend ment of section 46 14 in section 46 of the principal act, for the words "shall be punishable with fine which may extend to two hundred rupees", the words shall be "punisbable with imprisonment which may 'extend to six months, or with fine which may extend to two hundred rupees, or with both" shall be s substituted 15 for section 50 of the principal act, the following sections shall be substituted, namely:-substitution of new sections for seetlod 50 10 institution of prosecutions "50 no prosecution shall be instituted against any person for any offence against this act or any rule, licence or order thereunder, except with the previous sanction of the electrical inspector, district magistrate or sub-divisional magistrate power to compound offences 50a (1) an electrical inspector may, either before or after the institution of any proceedings, compound any offence punishable under section 39, section 40 or section 44: is provided that in a case where proceedings have already been instituted in {my court, no composition under this section shall be made except with the permission of that co~rt (2) where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded" 20 16 section 5!,) of the principal act shall be re-numbered as sub-section (2) thereof, and before the sub-section as so re-numbered, the following sub-section shall be inserted, namely:-amendment of section 55 "(1) the central government may by general or special order authorise the di~charge of any of its functions under sub-section (2) of section 34 by an electrical inspector n the indian electricity act, 1910, deals with the supply and use of electrical energy in the country the act also prescribes procedure for the purchase and take-over of undertakings of private licensees and procedure for determining the purchase price 2 with a view to discouraging theft of energy and tampering with meters and electrical installations, the provisions for punishment of such offences are being made more stringent it is proposed to amend sections 39 40, 44 and 46 of the act suitably 3 the act, at present, does nllt contain a specific provision for taking compulsory possession of an undertaking where a licensee refuses or wilfully fails to deliver possession to the state electricity board, the state government or the local authority it is proposed to incorporate a provision for taking compulsory possession of an undertaking and to provide for suitable penalty for such refusal or failure to deliver possession 4 sub-section (6) of section 6 of the act does not provide for payment of interest on the purchase price of the undertaking for the period between the date of delivery of the undertaking and the date of payment of the purchase price it is proposed to amend section 6 to provide for the payment :>f interest for the said period 5 section 7a of the act provides that where an electrical undertaking ,is sold under section 5, the purchase price of the undertaking shall be the market value of the undertaking at the time of, purchase or where the undertaking has been delivered before the purchase under sub-section (3) of section 5 at the time of the delivery of the undertaking, and if there is any difference or dispute regarding such purchase price, the same shall be determined by arbitration it is proposed to amend this section to provide for payment of book value of the assets of the undertaking which is more realistic instead of the market value 6 the other amendments proposed are minor and consequential in nature '1 the bill s~ks to achieve the aforesaid objects new deu'u; p ramachandran the 2nd december, 1977 - (9 or 1910) - - - - 1 (1) this act may be called the indian electricity ad, 1910 - - - - - s (1) - - - - - shol1 title, extent and commencement prov!-slona where license of a licensee is revoked (2) where an undertaking is sold under sub-section (1), the purchuer shall pay to the licensee the purchase price of the undertaking dettrmined in accordance with the provisions of sub-sections (1) and (z) of section 7a, or as the case may be, sub-section (3) of that section' - - - - - 6 (1) - - - - - purchase of undertakinl (6) where a notice exercising the option of purchasing the undertaking has been served upon the licensee under this section, the licensee shall deliver the undertaking to the state electricty board, the stategovernment or the local authority, as the case may be, on the expiration of the relevant period referred to in sub-section (1) pending the determination and payment of the purchase price - - - - - vesting of the undertaking in the purchuer 7 where an undertaking is sold under section 5 or section 6, then upon the completion of the sale or on the date on which the undertaking is delivered to the intending purchaser under sub-section (3) of section 5 or under sub-section (6) of section 6 as the case may be, whichever is earlitn'-(i) the undertaking shall vest in the purchaser or the 'intencling purchaser, as the case may be, free from any debt, mortgaje or similar obligation of the licensee or attaching to the undertaking: provided that any such debt, mortgage or similar obligation shall attach to the purchase money in substitution for the undertaldngj (ii) the rights, powers, authorities, duties and obligations of the licensee under his license shall stand transferred to the purchaser and such purchaser shall be deemed to be the licensee: provided that where the undertaking is sold or delivered to a state electl'iclty board or the state government, the license shan cease to have further operation determi-7a (1) where an undertaking of a licensee, not being a local' authority, is sold under sub-section (1) of section 5, the purchase price of the undertaking shall be the market value 01 the undertaking at the time of purchase or where the underbking has been delivered before the purcbase under sub-section (3) of that section, at the time of the delivery of the undertaking and if there is any difference or dispute regarding such purchase price, the same shall be determined by arbitration (2) the market value of an undertaking for the purpose of sub-section (1) shall be deemed to be the value of all lands, buildings, works, materials and plant of the licensee suitable to, and used' by him, for the purpose o~ the undertaking, other than (i) a generating station declared by the hcense not to form part of the undertaking for the purpose of purchase, and (itt) service-lines or other capital works or any part threof which have been constructed at the expense of consumers, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials and plant and the state of repair thereof and to the circumstance that they are in such position as to be ready for immediate working and to the suitability of the same for the purpose of the undertaking, but without any addition in respect of compulsory purchase or of goodwill or of any profits which may be or might have been made from the undertaking or of any similar consideration (3) where an undertaking of a licensee, being a local authority is sold under sub-section (1) of section 5, the purchase price of the undertaking shall be such as the state government, having regard to the market value of the undertaking at the date of delivery of the undertaking, may determine (4) where an undertaking of a licensee is purchased under section 6, the purchase price shall be the "alue thereof as determined in accordance with the provisions of sub-sections (1) and (2): provided that there shall be added to such value such percentage, if any, not exceeding twenty per centum of that value as may be specified in the licence on account of compulsory purchase - - - - - :mia (1) - - - - - (2) the central electricity board shall consist of the following central electrlcity board members, namely:-- - - - - (c) one member to be nominated by the central government to represent each of the union territories of delhi and himachal pradesh; (d) one member to be nominated by the central government to represent the union territories of manipur, tripura and the andaman and nicobar islands; - - - - - further provisions respecting rules theft of energy 38 (1) - - - - - (3) all rules made under section 37 shall be published in the gazette of india and shall be laid for not less than thirty days before each house of parliament as soon as may be after such publication and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following - - - - - 39 whoever dishonestly ab!;tracts, consumes or uses any energy shall be deemed to have committed theft within the meanin,;( of the indian penal code; and the existence of artificial means for such abstraction shall 45 of 1860 be prima facie evidence of such dishonest abstraction 40 whoever maliciously causes energy to be wasted or diverted or with in~t to ~t off the supply of energy, cuts or injures, or attempb to cut or ~lure, any electric supply-line or works, shall be punishable with hn~nment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both - - - - - penalty for maliciously wasting energy or injuring works 44 whoever-(cz) connects any meter referred to in section 26, sub-section (1), or any meter, indicator or apparatus referred to in section 26, subsection (7), with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such electric supply-line; or (b) lays, or causes to be laid or connects up any works for the purpose of communicating with any other works belonging to a licensee; or penalty for interference with meters or licensee', work and for improper use of energy (~) maliciously injures any meter referred to in section 26, subsection (1'), or any meter, indicator or apparatus referred to in section 26, sub-section (7), or wilfully or fraudulently alters the index of any such meter, indicator or" apparatus, or prevents any such meter, indicator or apparatus kom duly registering; or (d) improperly uses the energy of a licensee; shall be punishable with fine which may extend to five hundred rupees, and, in the case of a continuing offence, with a daily fine which may extend to fifty rupees; and if it is proved that any artificial means exist for making such connection as is referred to in clause (cz), or such communication as is referred to in clause (b), or for causing such alteration or prevention as is referred to in clause (c), or for facilitating such improper use as is referred to in clause cd), and that the meter, indicator or apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, communication, alteration, prevention or improper use, as the case may be, has been knowingly and wilfully caused by such consumer - - - - - 46 whoever negligently causes energy to be wasted or diverted, or negligently breaks, throws down or damages any electric supply-line, post, pole or lamp or other apparatus connected with the supply of energy, shall be punishable with fine which may extend to two hundred rupees - - - - penalty for negligently wastjna energy or injuring works institu_ tion of prosecutions so no prosecution shall be instituted against any person for any offence against this act or any rule, license or order thereunder, except at the instance of the government or an electrical inspector, or of a person aggrieoved by the ~e; - - - a bill further to amend the indian electricity act, 1910 (shri p rmnachondr4n, mjnibter of energy)

Parliament_bills

6f028c6a-b100-5980-aa4e-93b6176c71ac

8w no 53 of 1170 the constitution (twenty-fourth amendment) bilj" 1970 a bill further to amend the constitution of indiclbe it enacted by parliament in the twenty-first year of the rtpublic of india as follows:-short title l this act may be called the consjitution amendment) act, 1970 (twenty-fourth z articles 291 and 362 of the constitution shall be omitted 5 i in article 366 ot the constitution, clause (22) shall be omitted omiuion of articles 291 and 382 amedclmet of article 366 the concept of rulership, with privy purses and special prtvileees unrelated te any current functions and social purposes, is incompatible with an egautarian social order government have therefore decided to terminate the privy purses and privileges 9f the rulers of former indian states hence this bill new delhi; the 14th may, 1970 y b chavan - - - - - privy puree sums ot ruler zll where under any covenant or agreement entered into by the ruler of any indian state before the commencement of this constitution the payment of any sums, free of tax, has been guaranteed or assured b; the government of the dominion of india to any ruler of such state as privy purse--(4) such sums shall be charged on, and paid out of, the consolidated fund of india; and (b) the sums so paid to any ruler shall be exempt from all taxes on income - - - - - riiht, and privlle, of ruler of indian statu 362 in the exercise of the power of parliament or of the legislature of a state to make laws or in the exercise of the executive power of the union or of a state, due regard shall be had to the guarantee or auurance given under any such covenant or agreement as is referred to in article 291 with respect to the personal rights, privileges and dignities of the ruler of an indian state - - - - - 366 in this constitution, unless the context otherwise requires, the ddnitlolll following expressions have the meanings hereby respectively assigned to them, that is to say-- - - - - (22) "ruler" in relation to an indian state means the prince, chief or other person by whom any such covenant (if agreement ai jj referred to in clause (1) of article 291 was entered into and who for the time being is recognised by the president u the ruler of the state, and ineludes any person who for the time being is recognised by the president 8s the successor of such ruler; - - - - - abill further to amend the constirution of india (sh,; y b chafjan, minisrer q[ hdmi! affairs)

Parliament_bills

1e3a0aed-3448-5c32-a78e-e315d12dc6cc

the central excises and salt (amendment) bill, 1957(as introduced in lok sabha) lok sabha corrigenda to the central excises and salt (amendment) bill, 1957 (to be introduced in lok sabha) 1 page 1, line 9,-after "shall" insert "be" 2 page 5, line 11,-for "wef" read "weft" new delht, the 27th november, 1957 the central excises and salt (amendment) bill, 1957 (as introduced in lox sabha) billfurther to amend the central excises and salt act, 1944 be it enacted by parliament in the eighth year of the republic of india as iollows:-1 this act may be called the central excises and salt (amend- short title ment) act, 1957 1 of 1944 s 2 in sub-section (2) of section 37 of'the central excises and tcnd~ent salt act, 1944 (hereinafter referred to as the principal act), in clause ~7 lectlon (xvi), the proviso shall be omitted 3 in item no 12 of the first schedule to the principal act, in am~edt explanation ii, after rule (b), the following rule shall inserted, ~~he~~~~ io namely:-co (bb) in the case of fabrics manufactured from cotton and other yarns, the other yarns shall, for the aforesaid purpose, be deemed to be cotton yam,", statement of objects and reasonsthe object of the bill is to amend clause (xvi) of sub-section (2) of section 37, and item no 12 of the first schedule of the central excises and salt act, 1944 2 clause (xvi) referred to above specifically lays down the amounts of rebate to be granted of the duty paid on steel ingots or articles of iron or steel manufactured from such ingots, on export out of india these amounts are related to the excise duty which was levied in 1944 when the central excises and salt act was passed, namely, rs 4/- per ton in the finance (no2) act, 1957, the excise duty on steel ingots has been raised to rs 40/- per ton it will, therefore, be necessary to raise the amounts of rebate in respect of all other excisable goods, the amounts of rebate have not been specified in the act but are regulated by the rules framed under the act there being no special advantage in regulating the quantum of rebates by the act when the rules provide for the same and with a view to eliminate the necessity of amending the clause every time the rate of duty is altered, it is proposed to delete the proviso in the clause 3 the amendment to explanation ii of item no 12 of the first schedule seeks to remove doubts regarding the basis for determining the average count in respect of yarn other than cotton yarn used in the manufacture of mixed cotton fabrics and to provide fqr an uniform basis t t krishnamachari new delhi; the 19th november, 1957 extracts from the central excises and salt act, 1944 (1 of 1944) - • - • chapter vii supplemental provisions 37 (1)power of central government to make rules - - - - (2) in particular, and without prejudice to the generality of the foregoing power, such rules may-- - - - (xvi) provide for the grant of a rebate of the duty paid on goods which are exported out of india or shipped for consumption on a voyage to any port outside india: provided that rules made under this clause shall provide that when steel ingots on which the duty of excise imposed by this act has been paid, or articles of iron or steel manufactured in india from such ingots, are exported out of india, there shall be payable to the exporter of such ingots or articles subject to such conditions as may be prescribed, a refund at the following rates, namely:-on ingots, blooms and billets-(a) refund at the rate of four rupees per ton, on other manufactures of iron or steel-(a) not fabricated-a refund at the rate of five and one-third rupees per ton; (b) fabricated-a refund at the rate of six rupees per ton; - - - - [see section 3]| item | no ||----------------------|--------|| description of goods | || rate | || of | duty || - | || - | || - | || - | | 12 cotton fabrics-"cotton fabrics" mean all varieties of fabrics manufactured either wholly or partly from cotton, and include dhoties, sarees, chadars, bed-sheets, bed-spreads, counter-panes, and tablecloths, but do not include any such fabric-(a) if it contains 40 per cent or more by weight of wool; (b) if it contains 60 per cent or more by weight of rayon or artificial silk; or (c) if manufactured on a handloom (1) cotton fabrics, superfine-six annas per square yard that is to say, fabrics in which the average count of yarn is 48s or more (2) cotton fabrics, fine-six annas per square yard that is to say, fabrics in which the average count of yarn is 35s or mo~~ butis 1ess -thad48e (3) cotton fabrics, mediumthat is to say, fabrics in which the average count of yarn is 17s or four annas per square yard more but is less than 35s (4) cotton fabrics, coarsethat is to say, fal>rics in which the average count of yarn is less than four annas per square yard 17s~ explanation 1-"count" means count of grey yarn explanation ii-for tne purpose of determining the average count of yarn, the following rules shall apply, namely:-(a) yarn used in the borders or selvedges shall be ignored (b) for multiple-fold yarn, the count of the basic single yarn shall be taken and the number of ends per inch in the reed or the number of picks per inch, as the case may be, shall be multiplied by the number of plies in the yarn (c) the average count shall be obtained by applying the following formula, namely:-( count of warp x number of ends per inch in the reed)+'(c0wlt of weft x number of picks per inch) (number of ends per inch in the reed) +(number of picks per inch), the result being rounded off, wherever necessary, by treating any fraction which is one-half or more as one, and disregarding any fraction which is less than one-half - - - - a bill further to amend the central excises and salt act, i944the' president has, in pursuance of clause (i) of article ii7 of the constitution of india, recommended to lok sabha the introduction of the bill m n kaul, secretary (shri t t krishnamachari, minister of finance)

Parliament_bills

4844e7d1-5027-54c6-b23d-665b217767c9

bill no 62 of 1976 the government of union territories (amendment) bill, 1976 h billfurthe'r to amend the gwemment of union territorieb act, 1963 be it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 (1) this act may be called the government of union territories short (amendment) act, 1976 title and f com-s (2) it shall come into force on such date as the central government mencemay, by notification in the official gazette, appoint ment 20 of 1963 z in section 3 of the government of union territories act, 1963 (~reinafter referred to as the principal act) ,-amendment of section 3 (i) for sub-section (4), the following sub-section shall be sub-10 stituted, namely:-u (4) seats shall be reserved for the scheduled castes in the legislative assemblies of the union territories of goa, daman and diu and pondicherry, and for the scheduled tribes in the legislative a'ssembly of the union territory of goa, is daman and diu"; (ii) in sub-section (5), for the words "of the union territory of pondicherry", the words "of any union territory" shall be sub-'tituted; (iii) in sub-section (6), for the words "in the legislative assembly of the union territory of pondicherry", the words "in the legislative assemblies of the union territories of goa, daman anel diu and pondicherry" shall be substituted 3 after section 43c of the principal act, the following section eheu , be inserted, namely:-!l'l6ertion of new section 43d '43d (1) the election commission shall determine on the basil of the latest census figures-(i) the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the legislative assembly 10 of the union territory of goa, daman and diu (hereafter in this section referred to as the legislative assembly) having regard to the provisions of sub-section (5) of section s: and (ii) the constituencies in which those seats shall be so reserved having regard to the provisions of clause (e), or, as i' the case may be, clause (d), of sub-section (1) of section 9 of the delimitation act and without altering the extent of any constituency as delimited by the delimitation commission (2) the election commission shall-special provision for determination of constituencies in the legislative assembly of goa, daman and diu for scheduled castes and scheduled tribes (0) publish its proposals for the determination of the con- 20 stttueneies in which seats shall be reserved for the scheduled castes or for the scheduled tribes, as the case may be, ijl \ ~& gazette of india and in the oftlclji gazette of the union territory of goa, daman and diu and also in such other manner as the election commission may consider fit, together with a 'notice 2, inviting objections and suggestions in relation to the proposals and apeoifyinga date on or after which the proposal, wul be further considered by it; (b) consider all objections and'sl,lggestions which ~ llave been received by it before the date so specified; 30 (e) after consideration of objectioas anti 5 gestions ideb may have been received by it before the date so specified, determine by one or more orden! the 1111111_ of aeatll to be m8erved for the scheduled castes or fot" the scheduletl tribes 88 the cue may' be in the lell'islative assembly and the ccmstituendes in 3s which those seats shall be &0 reserved and c8w!1e !i1ich order or orders to be published in the gazette of india and in tbe otileial gazette of tbe uaion territory of goa, daotan and diu; i and upon such 'publication in the ga"ette of india, tbeol'der or ordersishau hatre the full force of law and shall not be ealled 40 in -uestion in any court and the seeond metlwle to the representation of the people act, 1858 and the orda- made bv the 43 of 1900 deumitation coinnpssion 1dider seetilon 9 oft_delimitation ad in relation to tlte le,tslattve assembly ahallbe :deemed to have 'been amended accordingly 45 (3) subject to the provisions of sub-~tton (4), the re-adjustment of representation of any tenit~rial constituencies in the le~s­lative assembly necessitated by any prd~r made by the election 1 commission under this section, shall apply in relation to ever1} election to the legislative assembly held after the publication in the gazette of india, under sub-section (2), of such order (4) nothing contained in the foregoing bub·sections shall affect the representation in the legislative assembly existing on the date ofpulalication in the gazette of india, under sub-section (2), of any orlier made by the election commission (5) -th~- election commission may, from tune to time, by notification in the gazette of india and in the official gazette of the to union- 'territory of goa, daman and diu-(a) correct any printihg mistake in any order made under sub-section (2) or any error arising therein from inadvertent slip or omission; (b) where the boundaries or name of any territorial division 15 mentioned-in any such order are, or is, altered, make such amendments as appear to it to be necessary or expedient for bringing' such ordet up-to-date (6 every order made under sub-section (2) and every notification issued under sub-section (5) shall be laid, as soon as may be, 20 after it is made or issued before the legislative assembly e$nation-in this section,-(a) 'tdelimitation act" means the delimitation act, 1972; 76 of 1972 (b) "delimitation commission'" means the delimitation commission constituted under section 3 of the delimitation act' statement of objects and reasonsas scheduled castes and scheduled tribes had not been notified irl relation to the union territory of goa, daman and diu when the government of union territories act, 1963, was enacted, no provision was made in that act for reservation of seats for the scheduled castes and scheduled tribes in the legislative assembly of that union territory scheduled castes and scheduled tribes in relation to that union territory were notified in 1968 and the population figures of these castes and tribes bec:ame available after the 1971 census the bill, therefore, seeks to amend the government of union territories act, 1963 to provide for the reservation of seats for the scheduled castes and scheduled tribes in the legislative assembly of the union territory of goa, daman and diu and to empower the election commission to determine the number of seats to be so reserved and the constituencies in which those seats shall be reserved opportunity is also being availed of to delete the provision for reservation for scheduled tribes in the legislative assembly of the union territory of pondicherry since no such tribes have been notified in relation to that union territory new delhi; k brahmananda rendi the 21st may, 1976· ,,' i' - financial mfmoitandtimby: tirtu! of the amendment proposed in clause 3 of th~ sill, thtl klection commission has to publish its proposals for the detennination of constituencies in which seats shall be reserved for the scheduled castes and the scheduled tribes for inviting objections and suggestions in relation to those proposals it may be necessary for the election commission to hold its sittings in the union territory of goa, daman and diu, to consider the objectiolul and suggestions received from the public in regard to its proposals-a non-recurring expenditure of not more than rs 5,000 is likely to be incurred on the travelling allowance, daily allowance, etc\! of the officers of the commission who visit the union territory ~or the purpose 2 the bill will not involve any other expenditure either recuning or non-recurring (op'l_~ ~ - - - •• &\bt,n b,· 1't! n4aiassrttm"· ~(i)! (i - " - - (4) seats shall be reserved lot the scheduled 'castes anel :tht scheduled tribes in the legislative assembly of the union territory of' podqiqua,~ \, legislative assemblies for union territories and their composition (5) the number of seats reserved for the scheduled castes or the scheduled tribes in the legislative assembly of the union territory of pondicherry under sub-section (4) shall bear, as nearly as may be, the same proportion to the total number of seats in the assembly as the population of the scheduled castes in the union territory or of the scheduled tribes in the union territory, as the case mal' be, in respect of which seats are so reserved, bears to the total population of the union territory, (6) notwithstanding ~ything in the foregoing provisions of this section the provi-sions relating to the reservation of seats for the scheduled castes and the scheduled tribes in the legislative assembly of the union \territory of pondicherry shall cease ·to have effect on the same date on which the reservation of seats for the saheduled castes and the scheduled tribes in the house of the people shall cease to have effect under article 334: provided that nothing in this sub-se:cti0n shall affect any representation in the legislative assembly of a union territory until the dissolution of the then existing assembly - - - - - abill further to amend the gove~ment o{ 1]njoll 'rertitorietj act, 1963 (shri k b7'4hman4nda reddi, minister 01/ home affair •• )

Parliament_bills

ece4e9ef-fce3-56a0-98f4-ef561cc287ef

bill no 215 of 2017 the constitution (amendment) bill, 2017 by shri raghav lakhanpal, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2017short title and commencement(2) it shall come into force with immediate effect52 after article 24 of the constitution, the following article shall be insertednamely:—insertion of new article 24a"24a (1) all citizens shall have the right to adequate contamination free potable water, swachhata and sanitation10(2) the state shall take steps by suitable legislation or schemes or in anyother way to provide adequate contamination free potable water, swachhata and sanitation to every citizenright to contamination free potable water,swachhataand sanitation(3) the union government shall provide funds required for the implementation of the right conferred under clause (1)" statement of objects and reasonswater is essential for the survival of all living things be it humans, animals, insects, reptiles, trees, plants etc water is also required for other necessities of life and cleanings it is also required for irrigation, producing electricity etc but unfortunately there is acute shortage of water particularly potable water though seventy per cent of our earth is covered with water mostly of the oceans mother nature also blesses the earth with adequate water in the form of rain and snow but most of it goes waste due to lack of conservation in fact the pathetic condition today is that people are forced to drink water from stagnated ponds in some places from drains and such other sources most of the people particularly in rural india are compelled to consume ground water which is often contaminated with dangerous arsenic, fluoride, zinc, iron and such other metals and minerals which cause various diseases affecting the bones and other parts of the body as they have no other source of potable waterthen there are drought prone and water scarce regions like marathwada, vidharbha and madhya maharashtra, bundelkhand and areas in eastern, western and southern parts of the country where drinking water is a luxury sanitation is another requirement for healthy life of the people the present government has launched nationwide swachhata abhiyan but much more needs to be done in this regard because heaps of waste can be seen everywhere including the national capitalin the recent past the supreme court of india has interpreted article 21 of the constitution as encompassing the right to food, safe water and sanitation as part of right to life though parliament has enacted a law to provide food to every citizen, right to contamination free water and sanitation does not find any clear mention in either the constitution or any other law of the land though there is no denying the fact that union government and state governments are making consistent efforts to provide potable water and sanitation facilities to the citizens but much more desired to be doneif the right to contamination free potable water, swachhata and sanitation is made fundamental right the union and state governments will be forced to provide potable water and sanitation to all the citizens otherwise citizens can go to courts for enforcement of their fundamental right this deterrence will force the union and states to prepare comprehensive potable water and sanitation schemes and implement them more seriouslyhence this billraghav lakhanpalnew delhi;november 29, 2017 financial memorandumclause 2 of the bill provides right to contamination free potable water, swachhata and sanitation to all the citizens the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the expenditure at this juncture however, it is estimated that a sum of rupees one thousand crore may involve as recurring expenditure per annum annexure extract from the code of criminal procedure, 1973(2 of 1974) chapter ix order for maintenance of wives, children and parents125 (1) if any person having sufficient means neglects or order for maintenance of wives, refuses to maintain—children and parents(a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or explanation— for the purposes of this chapter,— (a) ''minor'' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority (b) ''wife'' includes a women who has been divorced by, or has obtained a divorce from, her husband and has not remarried lok sabha———— a billfurther to amend the constitution of india————(shri raghav lakhanpal, mp)gmgipmrnd—2654ls(s3)—12-12-2017

Parliament_bills

09874e39-0f3b-5446-93f8-d79e113c99df

bill no 121 of 2014 the constitution (amendment) bill, 2014 by shri yogi adityanath, mp a billfurther to amend the constitution of india 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 constitution (amendment) act, 2014amendment of article 12 in article 1 of the constitution, for clause (1), the following clause shall be substituted, namely:—3 throughout the constitution, for the word "india", wherever it occurs, the word"hindustan" shall be substitutedsubstitution of reference to 'india' by 'hindustan' statement of objects and reasonsthe ancient and traditional names of our country are bharat and hindustan these two names were popular during pre-british period after the establishment of the british rule, britishers used the name "india" which was popular in their own country the framers of the constitution recognised the ancient name of the country 'bharat' and gave it its due place in the constitution article 1 of the constitution provides that "india, that is bharat, shall be a union of states" however, due to popularity of the english name, the traditional name of our country 'hindustan' has been left outthe bill seeks to amend the constitution with a view to changing the nomenclature of our country from "india, that is bharat" to "bharat, that is hindustan" the word "india" denotes the symbol of slavery and thus deserves to be omitted from our constitutionthe bill seeks to achieve the above objectivenew delhi;yogi adityanathjuly 18, 2014 annexure extract from the constitution of india the union and its territory1 (1) india, that is bharat, shall be a union of statesname and territory of the union ———— a billfurther to amend the constitution of india————(shri yogi adityanath, mp)gmgipmrnd—2382ls(s-3)—18112014

Parliament_bills

a7f046d4-840f-5dcd-aefb-e4cfa8135b45

biu no 95 of 1971 'jhe west bengal state legislature (delegation of powers) bill, 1971 billto confer on the president the power of the legislature of the suite of west bflngal to make laws be it enacted by parliament in the twenty-second year of the republic of india as follows:-1 this act may be called the west bengal state legislature (delegation of powers) act, 1971 silort titb! -s 2 in th~s act, "proclamation" means the proclamation issued on the definition 29th day of j line, 1971, under article 356 of the constitution, by the president, an:i published with the notification of the government of india in the ministry of home affairs no gsr 984 of the said date 3 (1) the power of the legislature of the state of west bengal to ) 10 make laws, which has been declared by the proclamation to be exercisable by or under the authority of parliament, is hereby conferred un the president (2) in the exercise of the said power, the president may, from time to time, whether parliament is or is not in session, enact, as a president's :is act, a b:ll containing such provisions as he considers necessary: conlerment on the president of the power of the state le,islature to make laws provided that before enacting any such act, the president shall, whenever he eonsiders it pradicable to do so, consult a committee constituted for the purpose, consisting of forty members of the hou~e of the people nominated by the speaker and twenty members of the council of 20 states nomiauded by the chairman , (3) every act enacted by the president under sub-section (2) shall, as: '~ori·as ~inay be aftel' enact:inertt, be laid befere each house of parliament (4) either house of parliament may, by resolution passed within thirty days from the date on which the act has been laid before it under subsection (3), which period may be comprised in one session or in two euc- s-cessive sessions, direct any modifications to be made in the act and if the mojifications are agreed to by the other house of parliament during the session in whjch the act has been so laid before it or the session succeeding, such modifications shall be given effect to by the president by enacting an amending act under sub-section (2): i~ provided that nothing in this sub-section shall affect the validity of the-act or of any action taken thereunder before it is so amended~ statement of objects and reasonsunder the proclamation of the president dated the 29th june, 1971, thepowers of the legislature of the state of, west~ are now exercisable by or under the authority of parnainent such legislative measures as !lllay be necessary for the state- can be taken up by parliament only by'postponing its business; and even then,it is likely that parliament may 'dot have time to deal with all legislative measures for'the statert·is,there': fore, proposed that parlilldlent should, in accordance with the provisions of sub-clause (a) of cfause (t) of article 357 of the constitution, confer by law od the- pt-esidnt tfleo powers of the liegialatlire of the state of west bengal to make laws fix' ~ state the present bill is intended' to give e1feet to tl'lis pnp8lrll~ , ' new dltthi; k c pant 1'llc 7th july,,197l 'nlflufcial 1iin'l~the proviso to ub~la"liie 1(2) ef 'c:!lalilse 3 of the bill provides lor the constitution of a cdrrtmittee ·for eoi1sultation regarding president's acts, consisting of to ;membert; '-af the 'hgiiiie'"of :the :people and 30 membel'l of 'the 'courtcilofstmee; ·bnd~,ebies 18 be incw'red i-n connection with the rnet!titlgs ef this cotnillihae ·woujd·; ,be metftoom the colliolidated puttd -er ·imiathis 'committee 1rill"meet 'al: am "~n fte!ceuary ~~e 'i!~ettduul'e ·is not ex~ ,to· !be _ -is not likely to ex-eeed rs 1,26,000 during the period in which the proclamation will be in force !\ " memorandum regarding delegated legislationthe power of the legislature of the state of west bengal to make laws which has been declared by th~ proclamation issued under article 356 of the constitution in respect of that state on the 29th day of june, 1971, to be exercisable by or under the authority of parliament, is sought to be conferred on the president under article 357 (1) (a) of the constitution before exercising the aforesaid power the president is required, whenever he considers it practicable to do so, to consult a committee of members of parliament constituted for the purpose in accordance with the provisions of the proviso to sub-clause (2) of clause 3 any act enacted by the president in exercise of the aforesaid power is required to be laid before each house of parliament and parliament may direct modifications to be made in the act [v~de sub-claus~s (3) and (4) of clause 3] the delegation of legislative power is in pursuance of lhe express provsian in this behalf in article 357 (1) (a) of the constitution and is l:ecessa:'y as it will not be easy for parliament to find time to deal with the various legislative measures that may be required in respect of the state of west bengal under the exceptional circumstance:s arising out of the issue of a proclamation under article 356 of the constitution, this delegation of legislative power is limited to the period when the aforesaid proclamation dated the 29th june, 1971 will continue to be in force to the extent that it has heen usual for parliament to confer on the president such legislative powers, it can be regarded as of a normal character r, , a hal to confer on the president the power of the legislature of the state of west bengal to make laws (shri krishna chalulra pant, minister oj state in the mfnistry of home affairs) ~

Parliament_bills

d5eae217-b12d-5139-9f01-1ee71657ab43

biu no 79 of i'" the international monetary fund and bank (amendment) bill, 1969 a billfurther to amend the international monetary fund and bank act, 1945 be it enacted by parliament in the twentieth year of the republic of india as follows:-1 (1) this act may be called the international monetary fund and bank (amendment) act, 1969 short title &ad commencement 5 (2) it shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint z in section 2 of the international monetary fund and bank act, 1945 (hereinafter referred to as the principal act), in sub-section (1) ,-amendment of section 2 (a) for the words "there shall be paid out of the consoudated fund of india" the words "there shall be paid, after due appropriation made hy parliament by law in this behalf, out of the consolidated fadd of india" shad be substituted; (b) in clause (c), after'the words and figures "under section 8 of article v", the words and figures ", or under seetion 2, section 3 or section 5 of article xxvi," shall be inserted; (c) after dause (d), the followt elause shall be idaerteti, 1,:-"(del) any assessments required to be paid by the ctral govel'djllent to the intematioaal fund under section , or seetlon 5 of article xxvi of the fund alp'eement;" 3 after section 3 of the principal act, the following section shall be inserted, namely:-insertion of new lecticm 3a "3a the reserve bank may, on behalf of the central government, use, receive, acquire, hold, transfer or operate the spceial drawing riahts of that government in the international fund and j 0 perform all acts suppl@mental or incidental thereto" reserve bank to use, receive, acquire, etc, specia~ drawing richts on bebaj1 of central government the international monetary fund and the international bank for reconstruction and development were brought into existence through an international agreement concluded at the un monetary and financial conference held in 1945, and india became one of the original members of the,c;e institutions by signing the respective articles of agreement an ordinance called "the international monetary fund and bank ordinance, 1945", was promulgated in december, 1945, to implement the agreements under which these two institutions were established in 1959, the board of governors of the international bank decided on an increase in the authorised capital stock of the bank and a general 100 per cent increase in the subscriptions cf all member countries since the ordinuce did not authorise payment in respect of increase in our subscription on account of increase in the authorised capital stock of the bank, it became necessary to amend the ordinance and provide for such authority the ordinance was accordingly amended and at the same time converted into the international monetary fund and bank act, 1945 2 the board of governors of the international monetary fund have now approved certain amendments to the articles of agreement of the fund providing inter alia for the establishment of a facility based on the special drawing rights scheme to meet the need, as and when it arises, for a supplement to the existing monetary reserve assets with the establishment of the special drawing rights scheme it will be open to members of the fund to participate in the scheme participants in the scheme will, when it is activated be entitled to allocation of special drawing rights which could be used 8s a supplement to the foreign monetary reserve auets of the member, in accordance with the provisions in the articles in this connection certain charges for the use of special drawing rights and assessments to meet the expenses of working the scheme would become payable by participating members 3 the existing provisions of the international monetary fund and bank act, 1945, which provide for the payment of charges under the nonnal operations of the fund will need amendment to provide for the payment of charges or assessments in connection with the special drawing rights scheme it is also necessary to empower the reserve bank of india to act on behalf of the government in regard to this scheme hence the bill seeks to amend the international monetary fund and bank act, 1945, to provide for the payment of charges and arsessments in connection with the special drawing rights scheme and also to empower the reserve bank of india to act as designated authority on behalf of the government to receive, acquire, hold, tranct and operate special drawing rights and to perform all acts incidental thereto new delhi; the 23rd august, 1969 p c sethi clause 2 of the bill seeks to amend section 2 of the international monetary fund and bank act, 1945, with the object of enabling the central government, after due appropriation, to payout of the consolidated fund of india such sums as may from time to time be necessary for the payment of charges and assessments on the use of the special drawing rights that may be created by the fund it is not possible to estimate at this smge thc payments which will have to be made as the :lctivation and operation of the special drawing rights scheme will depend on decisions to be taken by the board of governors of the fund in ,iccordance with the amended articles of the fund the quantum of allocation of special drawing rights and the period over which the allocetion will be made are also decisions yet to be taken by the board of governors it is proposed in the amendments to the articles of the fund that participating members in the scheme should pay charges on the net cumulative use of special dmwing rights assessments are payable by participants to meet the administrative casts of operating the special drawing account the rate of charges is initially fixed at 15 per cent on the use of special drawing rights appropriate assessments as decided by the fund will be payable at a rate not greater than 2-per cent or the rate of remuneration decided under article v, section 9t whichever is higher 'and not smaller than 1 per cent or the rate of remuneration decided under article v, section 9, whichever is lower, to the gellenll account of the fund· for meeting the cost of operations of the s~al drawing account these charges and assessments will be paid in special drawfngrightf!' apart from these payments that may arise from time to time in the future, flo other recurring or non-recurring expenditure is involved annexure extract from tile international monetary fund and bank act, 1945 - • - • •and bank 2 (1) there shall be paid out of the consolidat1!d fund of india all pay mente such sums as may from time to time be required for the purpose' of to internspayingtlonal fund - - - - - (c) any charges payable by the central government to the in· ternational fund under section 8 of article v of the fund agreement; - - - - - :, " , ~ -' -,, ,:,~ ~ , "', , a billfunher to a111end the international monetary fund and bank act, 1945 ,

Parliament_bills

79222dc8-d6e7-5fb9-af31-566af188d57f

financial memorandumclause 3 of the bill envisages formulation of a scheme to be known as girl child 'welfare scheme for the welfare of girl child clause 5 provides for setting up of a fund to be -known as the girl child welfare fund for the welfare of girl children clause 8 of the bill provides that the central government shall release funds to the state/union territories governments for taking welfare measures for girl child the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india a recurring expenditure of about rupees five thousand crore per annum is likely to be involved 'a non-recurring expenditure of about rupees ten thousand crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the government to frame 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

Parliament_bills

45b57327-307d-5fe6-b040-4a000caf381d

clauses55 transitional provisions, chapter ix offences, penalties and procedure56 penalty for infringement of layout-design 37 penalty for falsely representing a layout-design as registered 58 penalty for improperly describing a place of business as connected with the semiconductor integrated circuits layout-design registry 59 penalty for falsification of entries in the register 60 forfeiture of goods 61 exemption of certain persons employed in ordinary course of business 62 procedure where invalidity of registration is pleaded by the accused 63 offences by companies 64 cognizance of certain offences 65 costs of defence or prosecution 66 information as to commission of offence 67 punishment of abetment in india of acts done out of india chapter x miscellaneous68 protection of security in india 69 protection of action taken in good faith 70 certain persons to be public servants 71 implied warranty on sale of layout-design, etc 72 powers of register 73 exercise of discretionary power by registrar 74 evidence before registrar 75 death of party to a proceeding 76 extension of time clauses77, abondonment 78 preliminary advise by the registrar 79, registered user to be impleaded in certain proceedings 80 evidence of entries in register, etc, and things done by the registrar 81 registrar and other officers not compellable to produce register, etc 82 certificate of validity 83 address for service 84 agents 85 layout-design registered by an agent or representative without authority 86 indexes 87 documents open to public inspection 88 reports of registrar to be placed before parliament 89 fees and surcharge 90 savings in respect of chapter ix 91 declaration as to ownership of layout-design not registerable under the registration act, 1908, 92 government to be bound 93 convention countries 94 provision as to reciprocity 95 power of central government to remove difficulties 96 power to make rules bill no, l of 1999 the semiconductor integrated circuits layout-design bill, 1999 a billto provide for the protection of the semiconductor integrated circuits layout-designs © and for matters connected therewith or incidental thereto, whereas the final act embodying the results of the uruguay round of multilateral trade negotiations done at marrakesh on the 15th day of april, 1994 provides for establishment of the world trade organisation; and whereas the agreement on trade related aspects of intellectual property rights is part of the said final act; and whereas the government of india, having ratified the said final act, should inter alia make provisions for giving effect to section 6 part ii of the agreement on trade related aspects of intellectual property rights relating to layout-design (topographies) of integrated circuit; ' be it enacted by parliament in the fiftieth year of the republic of india as follows:—- chapter i preliminaryshort | title, 1, (j) this act may be called the semiconductor integrated circuits layout-design act, 1999, extent and commencement (2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision 2 in this act, unless the context otherwise requires,— definitions (a) "appellate board" means the appellate board established under section 32; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "bench" means a bench of the appellate board; (d) "chairman" means the chairman of the appellate board; (e) "commercial exploitation", in relation to semiconductor integrated circuits layout-design, means to sale, lease, offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit for any commercial purpose; (f) "convention country" means a country notified as such under sub-section (1) of section 93 (g) "judicial member" means a member of the appellate board appointed as such under this act, and includes chairman or such vice-chairman who possesses any of the qualifications specified in sub-section (3) of section 34;; (h) "layout-design" means a layout of transistor or other circuitry elements and includes lead wires connecting such elements" and expressed in any manner in a semiconductor integrated circuit; (2) "member" means a judicial member or a technical member of the appellate board and includes the chairman or vice-chairman; (j) "notify" means to notify in the semiconductor integrated circuit journal published by the registrar; (k) "prescribed" means prescribed by rules made under this act; (1) "register" means register of layout-designs referred to in section 6; (m) "registered" (with its grammatical variations) means registered under this act; (n) "segistered proprietor", in relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design; (o) "registered layout-design" means a layout-design which is actually onthe register; (p) "registered user" means a person who is for the time being registered as such under section 25; (q) "registrar" means the registrar of semiconductor integrated circuits layout- design referred to in section 3; (r) "semiconductor integrated circuit" means a product having transistors or other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function; (s) "technical member" means a member of the appellate board who is not a judicial member and includes the chairman or such vice-chairman who possesses any of the qualifications specified in sub-section (4) of section 34; (t) "transmission" means transmission by operation of law, devolution on the personal representation of a deceased person or any other mode of transfer not being assignment, (u) any reference to the semiconductor integrated circuits layout-design registry shall be construed as including a reference to any office of the semiconductor integrated circuits layout-design registry chapter ii the register and conditions of registration3 (1) the central government may, by notification in the official gazette, registrar of appoint a person to be known as the registrar of semiconductor integrated semicon- circuits layout-design for the purposes of this act ductor ~ integrated (2) the central government may appoint such other officers with such circuits designation as it thinks fit for the purpose of discharging, under the layoutsuperintendence and direction of the registrar, such functions of the registrar design under this act as he may from time to time authorise them to discharge 4 without prejudice to the generality of the provisions of sub-section (2) of section power of 3, the registrar may, by order in writing and for reasons to be recorded therein, registrar to withdraw any matter pending before an officer appointed under the said sub-section (2) _ transfer and deal with such matter himself either de novo or from the stage it was so pending withdrawn or transfer the same to another officer so appointed who may subject to the _metters special direction in the order of transfer deal with the matter either de novo or from the stage it was so transferred 5 (1) for the purposes of this act, there shall be established a registry which shall registry be known as the semiconductor integrated circuits layout-design registry (2) the head office of the semiconductor integrated circuits layout-design registry shall be at such place as the central government may specify and for the purposes of facilitating the registration of layout-designs, there may be established, on such places as the central government may think fit, branch offices of the semiconductor integrated circuits layout-designs registry (3) the central government may, by notification in the official gazette, define territorial limits within which an office of the semiconductor integrated circuits layout- designs registry may exercise its functions (4) there shall be seal of the semiconductor integrated circuits layout-design registry register of layout- designs 6 (/) for the purposes of this act, a record called register of layout-designs shall be kept at the head office of the semiconductor integrated circuits layout-design registry wherein shall be entered all registered layout-designs with the names, addresses and descriptions of the proprietor and such other matters related to the registered layout-designs as may be prescribed (2) subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the registrar (3) there shall be kept at each branch office of the semiconductor integrated circuits layout-designs registry a copy of the register and other documents as the central government may, by notification, in the official gazette, direct 7 (1) a layout-design—prohibition (a) which is not original; or | of | regis- ||----------|-----------|| tration | of || certain | || layout- | || designs | |(b) which has been commercially exploited anywhere in india or in a convention country; or (c) which is not inherently distinctive; or (d) which is not inherently capable of being distinguishable from the other registered lay-out design, shall not be registered as a layout-design: provided that a layout-design which has been commercially exploited for not more than two years from the date on which an application for its registration has been filed either in india or in a convention country shall be treated as not having been commercially exploited for the purposes of this sub-section (2) a layout-design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of layout-designs and manufacturers of semiconductor integrated circuits at the time of its creation: provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts (3) where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer chapter iii procedure for and duration of registrationapplication 8 (1) any person claiming to be the creator of a layout-design, who is desirous of registering it, shall apply in writing to the registrar in the prescribed manner for the registration of his layout-design for registration (2) every application under sub-section (7) shall be filed in the office of the semiconductor integrated circuits layout-design registry within whose territorial limits the principal place of business in india ofthe applicant or in the case of joint application the principal place of business in india of the applicant whose name is first mentioned in the application, as having a place of business in india, is situate: provided that, where the applicant or any of the joint applicant does not carry on business in india, the application shall be filed in the office of the semiconductor integrated circuits layout-design registry within whose territorial limits the place mentioned in the address for service in india as disclosed in the application is situate (3) subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments or modifications, as he may think fit withdrawal of acceptance, 9 where after the acceptance of an application for registration of layout-design, but before its registration, the registrar is satisfied that the layout-design is prohibited of registration under section 7, the registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted 10 (1) when an application for registration of a layout-design has been accepted, the registrar shall, as soon as may be after acceptance, cause the application as accepted to be advertised in the prescribed manner advertisement of application (2) where after advertisement of an application— (a) an error in the application has been corrected; (b) the application has been permitted to be amended under section 12, the registrar may in his discretion cause the application to be advertised again or, in any case falling under clause (b), may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application opposition to registration11 (j) any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the registrar, on application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the registrar of opposition to the registration (2) the registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application and if he does not do so, he shall be deemed to have abandoned his application (3) if the applicant sends such counter-statement, the registrar shall serve a copy thereof on the person giving notice of opposition (4) any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the registrar, the registrar shall give an opportunity to them to be heard if they so desire (5) the registrar shall, after hearing the parties, if so required, and considering the evidence, decide after taking into account any ground of objection whether relied upon by the opponent or not (6) when a person giving notice of opposition or an applicant sending a counter- statement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the costs of proceedings before him and, in default of such security being duly given, may treat the opposition or application, as the case may, as abandoned 12 the registrar may on such terms as he thinks just— correction and amendment (a) at any time, whether before or after acceptance of an application for registration under section 8, permit the correction of any error in or in connection with the application or permit an amendment of the application; or (b) permit correction of any error in, or an amendment of, a notice of opposition or a counter-statement under section 11 registration 13 (1) subject to the provisions of section 9, when an application for the registration of the layout-design has been accepted and either— (a) the application has not been opposed and time for notice of opposition has expired, or (b) the application has been opposed and the opposition has been decided in favour of the applicant, the registrar shall register the said layout-design in the register and the layout-design shall be registered as of the date of the making of the said application and that date shall be deemed to be the date of registration (2) in the registration of the layout-designs, the registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the semiconductor integrated circuits layout-designs registry (3) where registration of a layout-design is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice (4) the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake 14 (j) save as provided in sub-section (2), nothing in this act shall authorise the registration of two or more persons who claim to be the creator of a layout-design jointly owned layout design (2) where the relation between two or more persons claiming to be the creator of layout-design are such that—(a) both of them or all of them have put the combined intellectual effort in creating such design; or (b) in relation to the creation of such layout-design both of them or all of them are connected in such manner that intellectual effort of each of them are not distinguishable in creation of such layout-design, those persons may be registered as joint proprietor of the layout design and this act shall have effect in relation to any right to the use of the layout-design vested in those persons as if in those rights vested in a single person 15 the registration of a layout-design shall be only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in any country whichever is earlier duration of registration chapter iv effect of registration16 no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered layout-design | no | action ||----------|-----------|| of | infrin- || gement | of || unregis- | || tered | || layout | || design | |17 subject to the other provisions of this act, the registration of a layout-design shall, if valid, give to the registered proprietor of layout-design the exclusive right to the use of the layout-design and to obtain relief in respect of infringement in the manner provided by this act rights conferred by registration explanation—for removal of doubts, it is hereby declared that the right conferred by the registration of a layout-design shall be available to the registered proprietor of that layout-design irrespective of the fact as to whether the layout design is incorporated in an article or not 18 (j) a registered layout-design is infringed by a person who, not being the registered proprietor of the layout-design or a registered user thereof,— infringement of layoutdesign(a) does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered layout-design in its entirety or any part thereof, except such act of reproducing any part thereof which is not original within the meaning of sub-section (2) of section 7; (b) subject to the provisions of sub-section (5), does any act of importing or selling or otherwise distributing for commercial purposes a registered layout-design or a semiconductor integrated circuit incorporating such registered layout-design or an article incorporating such a semiconductor integrated circuit containing such registered layout-design for the use of which such person is not entitled under this act (2) notwithstanding any thing contained in section 17, sub-section (/) or sub-section (5), the performance of the act of reproduction referred to in clause (a) of sub-section (j), where such act is performed for the purposes of scientific evaluation, analysis, research or teaching shall not constitute the act of infringement within the meaning of that clause (3) where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original within the meaning of sub-section (2) of section 7, that person shall have the right to incorporate such another layout-design in a semiconductor integrated circuit or to perform any of the acts referred to in sub-section (/) or sub-section (5) in respect of such another layout-design and such incorporation or performance of any act shall not be regarded as infringement within the meaning of sub-section (j) (4) where a layout-design is created by the process of scientific evaluation or analysis of the registered layout-design as referred to in sub-section (3), the use of such layoutdesign by the proprietor of such registered layout-design shall be regarded as infringement within the meaning of sub-section (/) after the date of registration of such layout-design under this act (5) notwithstanding any thing contained in clause (6) of sub-section (/), the performance of any of the acts referred to in that clause by a person shall not be regarded as infringement within the meaning of that clause if such act is performed or directed to be performed in respect of a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit where such person does not possess any knowledge or has no reasonable ground to know while performing or directing to be performed such act in respect of such semiconductor integrated circuit or article that it incorporated a registered layout-design but after the time when such person has received notice of such knowledge, he may continue to perform or directing to be performed such act in respect of the stock on hand or ordered before such time and, then, he shall be liable to pay the proprietor of the registered layout-design a sum by way of royalty to be determined by negotiation between registered proprietor of the registered layout-design and that person or by the appellate board having regard to the benefit accrued to such person by performing or directing to be performed such act in respect of such semiconductor integrated circuit or article, as the case may be (6) where any other person purchases a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit referred to in sub-section (5) from a person referred to in that sub-section, then, such other person shall be entitled to the immunity from infringment in respect of that semiconductor integrated circuit or article, as the case may be, to the extent and in the manner as if the word "person" referred in that sub-section includes the word any other person referred in this sub-section (7) nothing contained in clause (b) of sub-section (/) shall be construed to constitute an act of infringement where any person performs any of the acts specified in that clause with the written consent of the registered proprietor of a registered layout-design or within the control of the person obtaining such consent, or in respect of a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit, that has been put on the market by or with the consent of the registered proprietor of such registered layout-design (8) notwithstanding anything contained in this act, where any person by application of independent intellect has created a layout-design which is similar to a registered layout-design and claim to be so created before the date of registration of the registered layout-design, then, any act of such person in respect of the layout-design so created shall not be the infringment of the registered layout-design registration 19 (j) in all legal proceedings relating to a layout-design registered under this act (including application under section 30), the original registration of the layout-design and all subsequent assignments and transmissions of layout-design shall be prima facie evidence of the validity thereof | to | be ||-------------|-------|| prima-facie | || evidence | of || validity | |(2) in all legal proceedings as aforesaid, a registered layout-design shall not be held to be invalid on the ground that it was not a registrable layout-design under section 7 except upon evidence of originality and that such evidence was not submitted to the registrar before registration chapter v assignment and transmission20 the person for the time being included in the register as proprietor of a layoutdesign shall, subject to the provisions of this act and to any right appearing from the register to be vested in any other person, have power to assign the layout-design, and | power ||------------|| registered || proprietor |to give effectual receipts for any consideration for such assignment | to | assign ||-----------|-----------|| and | give || receipts | |21 notwithstanding any thing in any other law to the contrary, a registered layoutdesign shall, subject to the provisions of this chapter, be assignable and transmissible whether with or without the goodwill of the business concerned assignability and transmissibility of registered layoutdesign conditions for assignment otherwise than in connection with the goodwill 22 where an assignment of a registered layout-design is made otherwise than in connection with the goodwill of business in which such layout-design has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the registrar may allow, apply to the registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the registrar may direct of a business 23 (1) where a person becomes entitled by assignment or transmission to a registered layout-design, he shall apply in the prescribed manner to the registrar to register his title, and the registrar shall, on receipt of the application and on proof of his title to registration of assignments and transmissionshis satisfaction, register him as the proprietor of the layout-design and shall cause particulars of the assignment or transmission to be entered on the register: provided that where the validity of an assignment or transmission is in dispute between the parties, the registrar may refuse to register the assignment or transmission until the rights of the party have been determined by a competent court (2) except for the purpose of an application before the registrar under sub-section (j) or an appeal from an order thereon, or an application under section 30 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (j), shall not be admitted in evidence by the registrar or the appellate board or any court in proof of title to the layout-design by assignment or transmission unless the registrar or the appellate board or the court, as the case may be, otherwise directs chapter vi use of layout-design and registered usersregistered users 24, subject to the provisions of section 25, a person other than the registered proprietor of a layout-design may be registered as a registered user thereof 25 (1) where it is proposed that a person should be registered as a registered user of a layout-design, the registered proprietor and the proposed registered user shall jointly apply in writing to the registrar in the prescribed manner and every such application shall be accompanied by— registration as registered user (a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the layout-design; and (b) an affidavit made by the registered proprietor or by some person authorised to the satisfaction of registrar to act on his behalf— ft (i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which the relationship will confer and whether it is a term of their relationship that the proposed registered user shall be sole registered user or that there shall be any other restriction as to persons for whose registration as registered user application may be made; (ii) stating the conditions or restrictions, if any, proposed with respect to the place of permitted use or any other matter; ' (iii) stating whether the permitted use to be for a period or without limit of period, and, if for a period, the duration thereof; and (c) such further documents or other evidence as may be required by the registrar or as may be prescribed (2) where the requirement of sub-section (/) have been complied with, the registrar shall register the proposed registered user (3) the registrar shall issue notice in the prescribed manner of the registration of a person as a registered user to other registered users of the layout-design, if any(4) the registrar shall, if so requested by the applicant, take steps of securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade 26 (1) without prejudice to the provisions of section 30, the registration of a person as registered user— power of registrar for cancellation of registration (a) may be cancelled by the registrar on application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the layout-design; as registered user, (b) may be cancelled by the registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:— (i) that the registered user has used the layout-design otherwise than in accordance with the agreement under clause (a) of sub-section (j) of section 25; (ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user; (iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user; (iv) that the registration ought not to have been effected having regard to right vested in the applicant by virtue of a contract in the performance of which he is interested; (c) may be cancelled by the registrar on his own motion or on the application in writing in the prescribed manner by any person on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the topographical dimensions of the layout-design is either not being enforced or is not being complied with; (d) may be cancelled by the registrar if the layout-design is no longer registered (2) the registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor'and each registered user (not being the applicant) of the layout-design (3) the procedure for cancelling a registration shall be such as may be prescribed: provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard power of registrar 27 (1) the registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause (a) of sub-section (j) of section 25 continues to be in force | to | call ||-------------|---------|| information | || relating | to || agreement | || in | respect || of | regis- || tered | users |(2) if the registered proprietor fails to furnish the confirmation within one month as required under sub-section (j), the registered user shall cease to be the registered user on the day immediately after the expiry of said period and the registrar shall notify the same 28 subject to any agreement subsisting between the parties, a registered user may make complaint before the competent criminal court for the infringement in his own name as if he were the registered proprietor right of registered user to take proceedings against infringement 29 nothing in this act shall confer on a registered user of a layout-design any assignable or transmissible right to the use thereof registered user not to have right of assignment or transmiss- explanation 1—the right of a registered user of a layout-design shall not deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:— ion (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the layout-design, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the layout-design, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm explanation il—for the purposes of explanation i, 'firm' has the same meaning as in the indian partnership act, 1932 9 of 1932 chapter vii rectification and correction of the registerpower to rectify the register 30 (1) any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the appellate board or the registrar, as the case may be, may make such order for making, expunging or varying the entry as it may think fit (2) the appellate board or the registrar may in any proceedings under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register (3) the appellate board or the registrar, of its own motion, may , after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (/) (4) any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly 31 (1) the registrar may, on application made in the prescribed manner by the registered proprietor,— correction of register (a) correct any error in the name, address or description of the registered proprietor of a layout-design, or any other entry relating to the layout-design; (b) enter any change in the name, address or description of the person who is registered as proprietor of a layout-design; (c) cancel the entry of a layout-design on the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him (2) the registrar may, on application made in the- prescribed manner by a registered yser of a layout-design, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user chapter viii appellate board32 the central government shall, by notification in the official gazette, establish an appellate board to be known as the layout-design appellate board to exercise the jurisdiction, powers and authority conferred on it by or under this act establishment of layout- design appellate board composition of appellate board,33 (/) the appellate board shall consist of a chairman, vice-chairman, and such other members as the central government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the appellate board may be exercised by a bench thereof (2) subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member and shall sit at such place as the central government may, by notification in the official gazette, specify (3) notwithstanding anything contained in sub-section (2), the chairman— (a) may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the function of the judicial member or, as the case may be, the technical member, of any other bench; (b) may transfer a member from one bench to another bench; '() may authorise vice-chairman, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench (4) where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distribution of the business of the appellate board amongst the benches and specify the matters which may be dealt by each bench explanation- for the removal of doubts, it is hereby declared that the expression "matter" includes an application or appeal under section 40, or section 42 (5) 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 chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case including those who first heard it 34 (1) a person shall not be qualified for appointment as chairman unless he— qualifications for appointment (a) is, or has been, a judge of a high court; or (b) is, for at least two years, held the office of a vice-chairman as chair man, vice- chairman, (2) a person shall not be qualified for appointment as a vice-chairman, unless he— or other members (a) has, for atleast two years, held the office of a judicial member or a technical member; or (b) has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years (3) a person shall not be qualified for appointment as a judicial member unless he— (a) has been a member of the indian legal service and has held the post in grade 1 of that service for atleast three years; or (b) has, for atleast ten years, held a civil judicial office (4) a person shall not be qualified for appointment as a technical member, unless he possesses a master's degree in physics or bachelor's degree in electronics engineering or electrical engineering or computer engineering from an university or institution established under law for the time being in force and has held a post equivalent to the the post of joint secretary to the government of india or any higher post for at least five years and possesses at least five years' experience in the area of semiconductors (5) subject to the provisions of sub-section (6), the chairman, vice-chairman and every other member shall be appointed by the president of india (6) no appointment of a person as the chairman shall be made except after consultation with the chief justice of india 35 the chairman, vice-chairman or other members shall hold office as such 'for a term of five years from the date on which he enters upon his office or until he attains,— (a) in the case of chairman and vice-chairman, the age of sixty-five years; and (b) in the case of member, the age of sixty-two years, term of office of chairman, vice- chairman and members 'whichever, is earlier 36 (1) in the event of occurrence of any vacancy in the office of the chaifman by vice-chairman reasons of his death, resignation or otherwise, the vice-chairman and in his absence the senior-most member shall act as chairman until the date on which a new chairman, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office or seniormost member to act as chairman or discharge his function (2) when the chairman is unable to discharge his functions owing to his absence, illness or any other cause, the vice-chairman and in his absence the senior-most member shall discharge the functions of the chairman until the date on which the chairman resumes his duty in certain circumstances 37 (1) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the chairman, vice-chairman and other members shall be such as may be prescribed salaries, allowances and other terms and conditions (2) notwithstanding anything contained in sub-section (/), a person who, immediately before the date of assuming office as the chairman, vice-chairman or other member, was in service of government shall be deemed to have retired from service on the date on which he enters upon as the chairman, vice-chairman or other member of service of chairman, vice- chairman and other members 38 (j) the chairman, vice-chairman and any other member may, by notice in writing under his hand addressed to the president of india, resign his office: resignation and removal provided that the chairman, vice-chairman or any other member shall, unless he is permitted by the president of india 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 earlier (2) the chairman, vice-chairman or any other member shall not be removed from his office except by an order by the president of india on the ground of proved misbehaviour or incapacity after an enquiry made by a judge of the supreme court in which the chairman, vice-chairman or other member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges (3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairman, vice-chairman or other member referred to in sub-section (2) staff of appellate board39, (1) the central government shall determine the nature and categories of the offices and other employees required to assist the appellate board in the discharge of its functions and provide the appellate board with such officers and other employees as it may think fit (2) the salaries and allowances and conditions of service of the officers and other employees of the appellate board shall be such as may be prescribed (3) the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairman in the manner as may be prescribed 40 (1) a registered proprietor of the registered layout-design may make an application application to the appellate board for determination of royalty under sub-section (5) of section 18 to the appellate board to determine royalty (2) every application under sub-section (/) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed (3) on receipt of an application under sub-section (/), the appellate board shall, after giving notice to the opposite party to file opposition within the prescribed time and manner and after giving opportunity of being heard to the applicant and the opposite party, dispose of the application (4) an order or decision made by the appellate board in disposing of the application under sub-section (3) shall be executable by a civil court having local jurisdiction as if it were a decree made by that court power of the board to cancel registration 41 (1) any person may make an application, in the prescribed form accompanied with prescribed fee, to the appellete board for cancellation of the registration of a layout-design registered under this act or registration of assignment or transmission relating thereto, as the case may be, on the ground that— (a) in the case of the registration of a layout-design, the layout-design is prohibited for being registered under section 7 ; or (b) in case of the registration of assignment or transmission relating to a registered layout-design, such assignment or transmission is contrary to any provision of the law for the time being in force (2) the appellete board shall, on receipt of an application under sub-section (1), give notice to the opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such order as it may deem fit regarding cancellation of registration: provided that where the ground of cancellation has been established with respect only to a part of a layout-design, the board shall cancel only such part and the remaining part of the layout-design if capable of performing as a semiconductor integrated circuit shall be retained as registered on the register in the name of the registered proprietor of such layout-design (3) any cancellation of the registration of a layout-design either in whole or in part under sub-section (2) shall be deemed to be effective on the date from which the period of ten years referred to in section 15 is countable in respect of that layout-design (4) the appellete board shall, without delay after making any order of cancellation under sub-section (2), send a copy of such order to the registrar who shall correct the register to give effect to such order 42 (1) any person aggrieved by an order or decision of the registrar under this act, | appeal ||-----------|| appeltate || board |or the rules made thereunder may prefer an appeal to the appellate board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal (2) no appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (/): provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period (3) an appeal to the appellate board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed 5 of 1908 43 (1) the appellate board shall not be bound by the procedure laid down in the procedure code of civil procedure, 1908 but shall be guided by principles of natural justice and, and powers subject to the provisions of this act and the rules made thereunder, the appellate board of appellate shall have powers to regulate its own procedure including the fixing of places and times board of its hearing (2) the appellate board shall have, for the purpose of discharging its functions under 5 of 1908 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) receiving evidence; (b) issuing commissions for examination of witnesses; (c) requisitioning any public record; and (d) any other matter which may be prescribed 43 of 1860 (3) any proceeding before the appellate board 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 appellate board shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974 44, no court or other authority shall have or, be entitled to, exercise any jurisdiction, bar of powers or authority in relation to the matters referred to in sub-section (j) of section jurisdic- 40 or sub-section (/) of section 42 tion of / courts, etc 45 on ceasing to hold office, the chairman, vice-chairman or other members shall bar to not appear before the appellate board or the registrar appear before appellate board 46 notwithstanding anything contained in any other provisions of this act or in any conditions other law for the time being in force, no interim order (whether by way of injunction as to or stay or any other manner) shall be made on, or in any proceedings relating to, an making of appeal unless— 'interim order (a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter 47, on the application of any of the parties and after notice to the parties, and after chairman hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench to transfer cases from one bench to another 48 (/) an application for rectification of the register made to the appellate board under section 30 shall be in such form as may be prescribed procedure for application for rectifica- (2) a certified copy of every order or judgement of the appellate board relating to a registered layout-design under this act shall be communicated to the registrar by the board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order tion, etc before appellate board 49, (1) the registrar shall have the right to appear and be heard— appearance of registrar in legal proceedings, (a) in any legal proceedings before the appellate board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the semiconductor integrated circuit layout-design registry is raised; (b) in any appeal to the board from an order of the registrar on an application for registration of a layout-design— (i) which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments or modifications, or (ii) which has been opposed and the registrar considers that his appearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board (2) unless the appellate board otherwise directs, ihe registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the semiconductor integrated circuits layout-design registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding registrar | to | refer ||----------|----------|| certain | || dispmtes | to |50 if any question arises in any proceedings before registrar, whether a layoutdesign has been commercially exploited for more than two years anywhere in a convention country for the purpose of registration of such layout-design under this act, the registrar shall refer such question to the appellate board, and the decision of the board thereon shall be final | the | board ||--------|-----------|| power | of || the | board |51 (/) notwithstanding anything contained in this act, the appellate board may on an application made in the prescribed manner before it on behalf of the government or by any person authorised by the government and after giving notice of such application | to ||---------|| certain || uses |to the registered proprietor of a layout-design and providing the opportunity of being heard to the parties concerned permit the use of such registered layout-design by the government or by such person so authorised, as the case may be, subject to any or all of the following conditions as the board deems fit under the circumstances of such use, namely:—(a) that the use of the layout-design shall be for non-commercial public purposes or for the purposes relating to national emergency or of extreme public urgency; (6) that the duration of the use of the layout-design shall be limited for a period specified by the board; (c) that the use of the layout-design shall be non-assignable and non-transmissible; (d) that the use of the layout-design shall be to the extent which the board deems necessary to remedy the anti-competitive practice ; (e) that the use of the layout-design shall be predominantly for the supply of semiconductor integrated circuits or articles incorporating semiconductor integrated circuits in domestic market of india: provided that the board shall not permit the use of a registered layout-design, by any such person authorised by the government, under this sub-section unless the board is satisfied that such person so authorised has made efforts to enter into agreement with the registered proprietor of such layout-design on reasonable commercial terms and conditions for permitted use of such layout-design and such efforts had not been successful within the prescribed period: provided further that the first proviso shall not be applicable in a case where the person so authorised produces to the board a certificate issued by the government to the effect that such use is required due to national emergency or any other circumstances which the government considers to be of extreme urgency or of public non-commercial use (2) the appellate board shall, while granting the permission for the use of a registered layout-design under sub-section (j), determine the amount of royalty to be paid by the government or the person authorised by the government, as the case may be, to the registered proprietor of such layout-design for such permitted use (3) the appellate board may, on the application of the registered proprietor of a layout-design referred to in sub-section (/), may review the permission granted under that sub-section and, after giving notice and opportunity of hearing to the parties concerned in the prescribed manner, cancel or amend such permission if the board is satisfied that any of the conditions subject to which the permission was granted has not been observed or the circumstances which led to the granting of such permission has ceased to exist or substantially altered 52 in all proceedings under this act before the appellate board the costs of the costs of registrar registrar shall be in the discretion of the board, but the registrar shall not be ordered : to pay the costs of any of the parties in proceedings before appellate board appeal,53 (1) any person aggrieved by any decision or order of the appellate board under this act may, within the prescribed period appeal to the high court within whose jurisdiction head office or the branch office of the semiconductor integrated circuits layout-design registry against the decision or order of which the appeal arises is situated (2) every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed (3) subject to the provisions of this act and the rules made thereunder, the provisions 5 of 1908of the code of civil procedure, 1908 shall apply to appeals before a high court under this act powers of high courts 54 the high court may make rules consistent with this act as to the conduct and procedure of al] proceedings under this act before 1t to make rules transitional provisions 55 notwithstanding anything contained in this act, till the establishment of the appellate board under section 32, the intellectual property appellate board establishment under section 83 of the trade marks act, 1999 shall exercise the jurisdiction, powers and authority conferred on the appellate board under this act subject to the modification that in any bench of such intellectual property appellate board constituted for the purposes of this section, for the technical member referred to in sub-section (2) of section 84 of the trade marks act, 1999, the technical member shall be appointed under this act and he shall be deemed to be the technical member for constituting the bench under said sub-section (2) of section 84 for the purposes of this act chapter ix offences, penalties and procedure56 any person who contravenes any of the provisions of section 18 shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifty-thousand rupees but may extends to ten lakhs rupees, or with both | penalty | for ||--------------|---------|| infringement | || of | layout- || design | |57 (1) no person shall make any representation with respect to a layout-design not being a registered layout-design, to the effect that it is a registered layout-design | penalty ||--------------|| falsely || representing |(2) if any person contravenes any of the provision of sub-section (/), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both | a | layout- ||-------------|------------|| design | as || registered | |(3) for the purposes of this section, the use in india in relation to a layout-design of the word "registered", or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except— (a) where that word or other expression, is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a layoutdesign under the law of a country outside india being a country under the law of which the registration referred to is in fact in force; or (b) where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or (c) where that word is used in relation to a layout-design registered as a layout design under the law of a country outside india and in relation solely to such layoutdesign 58 if any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business | penalty ||------------|| improperly || describing |is, or is officially connected with, the semiconductor integrated circuits layout-design registry, he shali be punishable with imprisonment for a term which may extends to six months, or with fine, or with both | a | place | of ||---------------|-----------|-------|| business | as | || connected | | || with | the | || semicon- | | || ductor | | || integrated | | || circuits | | || layout- | | || design | | || registry | | || penalty | for | || falsification | | || of | entries | in || the | register | |59 if any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both forfeiture of goods 60 (1) where a person is convicted of an offence under section 56, the court convicting him may direct the forfeiture to government of all goods and things by means of, or in relation to, which the offence has been committed (2) when a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also (3) when a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit 61 where a person accused of an offence under section 56 proves— (a) that in the case which is the subject of the charge he was so employed that it relates to the duty of his employment, and was not interested in the profit accruing from such commission of offence except the duty of his employment; and exemption of certain persons employed in ordinary course of business (b) that, having taken all reasonable precautions against committing the offence charged, he had, at the time of commission of the alleged office, no reason to suspect the genuineness of the registered layout-design or a semiconductor integrated circuit in which such layout-design is incorporated; and (c) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the commission of such offence, he shall be acquitted 62 (1) where the offence charged under section 56 is in relation to a registered layout-design and the accused pleads that the registration of the layout-design is invalid, the following procedure shall be followed:— procedure where invalidity of registration is pleaded by the accused(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of the register on the ground that the registration is invalid; (b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the time court may for sufficient cause may allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification; (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid (2) where before the institution of a complaint of an offence referred to in subsection (1), any application for the rectification of the register concerning the layoutdesign in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the appellate board or the registrar, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his layout-design offences by companies, 63 (j) if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly; provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (j), 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 that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation—for the purposes of this section— (a) "company" means any body corporate and includes a firm or other association or individuals; and (b) "director", in relation to a firm, means a partner in the firm 64 no court shall take cognizance— cognizance of certain offences (a) of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layout-design in respect of which the offence has been committed; (b) of an offence under section 58 or section 59 except on complaint in writing made by the registrar or any officer authorised by him in writing 65 in any prosecution under this act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct | costs | of ||--------------|-------|| defence | or || prosecution | || of | || the | || parties | || costs | || so | || awarded | || shall be | || recoverable | || as | || if | || they | || were | || a | || fine | |information 66 an officer of the government whose duty it is to take part in the enforcement of the provisions of this chapter, shall not be compelled in any court to say whence he got any information as to the commission of any offence against this act | as | to ||------------|----------|| commission | || of | offence || punishment | || of | abetment || in | india |67 if any person, being within india, abets the commission, without india, of any act which, if committed in india, would, under this act, be an offence, he may be tried for such abetment in any place in india in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted | acts | done ||---------|---------|| out | of || india | | chapter x miscellaneous68 notwithstanding anything contained in this act, the registrar shall— protection of security in india (a) not discharge any information relating to the registration of a layout-design or any application relating to the registration of a layout-design under this act which he considers prejudicial to the interest of the security of india; and (b) take action for the cancellation of registration of a layout-design registered under this act which the central government may, by notification in the offical gazette, specify in the interest of the security of india explanation—for the purposes of this section, the expression "security of india" means any action necessary for the security of india which relates to the use, of a layout-design or a semiconductor integrated cicuit incorporating a layout-design or an article incorporating such semiconductor integrated circuit, directly or indirectly for the purposes of war or military establishment or for the purposes of war or other emergency in international relations: protection 69 no suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act | of | action ||-------|-----------|| taken | in || good | faith |70 every person appointed under this act and every member of the appellate board shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of 1860 certain persons to be public servants 71 where a registered layout-design, or a semiconductor integrated circuit in which a registered layout-design is incorporated, or an article incorporating such a semiconductor integrated circuit is sold or has been contracted for sale, the seller shall be deemed to warrant that the registration, of such layout-design or the layout-design so incorporated is genuine within the meaning of this act unless the contrary is expressed implied warranty on sale of layoutdesign, etcin writing signed by or on behalf of the seller and delivered at the time of the sale or contract to sell of such layout-design, or semiconductor integrated circuit or article, as the case may be, and accepted by the buyer ' 72 in all proceedings under this act before the registrar,— powers of registrar (a) the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses; (b) the registrar may, subject to any rules in this behalf made under section 96 make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court: (c) the registrar may, on an application made in the prescribed manner, review his own decision | exercise | of ||-------------|-------|| discretion- | || ary | power || by | || registrar | |73 subject to the provisions of section 76, the registrar shall not exercise any discretionary or other power vested in him by this act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard 74, in any proceeding under this act before the registrar, evidence shall be given by affidavit: evidence before registrar provided that the registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit | | death | of ||-------------|----------|-------|| party | to | a || proceeding | | |75 if a person who is a party to a proceeding under this act (not being a proceeding before the appellate board or a court) dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest«in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest extension of time 76 (1) if the registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly (2) nothing in sub-section (7) shall be deemed to require the registrar to hear the parties before disposing of an application for extension of time and no appeal shall lie from any order of the registrar under this section abandonment 77 where, in the opinion of the registrar, an applicant is in default in the prosecution of an application filed under this act, the registrar may, by notice require the applicant to remedy the default within a time is specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice 78 (1) the registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as preliminary advise by to whether the layout-design appears to him prima facie to be originalthe registrar (2) if, on an application for the registration of a layout-design as to which the registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the layout-design is not original, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application 79 (1) in every proceeding under chapter vii or under section 42, every registered user of a layout-design, who is not himself an applicant in respect of any proceeding under that chapter or section shall be made a party to the proceeding registered user to be impleaded (2) notwithstanding anything contained in any other law, a registered user so made | in ||---------|| procee- || dings |a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding, 80 (1) a copy of any entry in the register or of any document referred to in subsection (/) of section 87 purporting to be certified by the registrar and sealed with the seal of the semiconductor integrated circuit layout-design registry shall be admitted | evidence | of ||-------------|-------|| entries | in || register, | |in evidence in all courts and in all proceedings without further proof or production of the original | etc, | and ||------------|--------|| things | done || by | the || registrar | |(2) a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall bé prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done registrar and other officers not compellable to produce register, etc 81 the registrar or any other officer of the semiconductor integrated circuits layout-design registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause certificate of validity 82 if in any jegal proceeding for rectification of the register before the appellate board a decision is on contest given in favour of the registered proprietor of the layoutdesign on the issue as to the validity of the registration of the layout-design, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceedings in which the said validity comes into question, the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the layout-design shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost, charges and expenses as between legal practitioner and client 83 an address for service stated in an application or notice of opposition shall, for address for service the purposes of the application or notice of opposition, be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be agents84 where, by or under this act, any act, other than the making of an affidavit, is required to be done before the registrar by any person, the act may, subject to the rules made in this behalf, be done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is— (a) a legal practitioner, or (b) a person registered in the prescribed manner as a layout-design agent, or (c) a person in the sole and regular employment of the principal 85 if an agent or a representative of the proprietor of a registered layout- -design, without authority uses or attempts to register or registers the layout-design in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said layout-design by assignment in his favour: layoutdesign registered by an agent or representative without authority provided that such action shall be taken within three years of the registered proprietor of the layout-design becoming aware of the conduct of the agent or representative indexes 86 there shall be kept under the direction and supervision of the registrar— (a) an index of registered layout-designs, (b) an index of layout-designs in respect of which applications for registration are pending, (c) an index of the names of the proprietors of registered layout-designs, and (d) an index of the names of registered users 87 (7) save as otherwise provided in sub-section (4) of section 25,— (a) the register and any document upon which any entry in the register is based; documents open to public inspection (b) every notice of opposition to the registration of a layout-design application for rectification before the registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the registrar; (c) the indexes mentioned in section 86 and such other documents as the central government may, by notification in the official gazette, specify; shall, subject to such conditions as may be prescribed, be open to public inspection at the semiconductor integrated circuits layout-design registry (2) any person may, on an application to the registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (/) 88 the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution by or under the registrar of reports of registrar this act to be placed before parliament fees and surcharge 89 (1) there shall be paid in respect of applications and registration and other matters under this act such fees and surcharge as may be prescribed by the central government (2) where a fee is payable in respect of the doing of an act by the registrar, the registrar shall not do that act until the fee has been paid(3) where a fee is payable in respect of the filing of a document at the semiconductor integrated circuits layout-design registry, the document shall be deemed not to have been filed at the registry until the fee has been paid | savings | in ||------------|-------|| respect | of || chapter | ix, |90, nothing in chapter ix shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in india who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of prosecutor, has given full information as to-his master and as to the instructions which he has received from his master 16 of 1908 declaration 91 notwithstanding anything contained in the registration act, 1908, no document declaring or purporting to declare the ownership or title of a person to a layout-design other than a registered layout-design shall be registered under that act as to ownership | of | layout- ||--------------|------------|| design | not || registerable | || wader | the || registration | || act, | 1908 |92, the provisions of this act shall be binding on the government government to be bound convention countries 93 with a view to the fulfilment of a treaty, convention or arrangement with any country outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may,,by notification in the official gazette, specify such country to be a convention country for providing the citizens of such convention country the similar privileges as granted to the citizens of india under this act explanation—for the purposes of this section "couatry" includes any group of countries or union of countries or inter-governmental organisation and the expression "convention country" shall be construed accordingly provision 94, where any country specified by the central government in this behalf by notification in the official gazette under section 93 does not accord to citizens of india the same rights in respect of registration and protection of layout-design as it accords as to reciprocity to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,— (a) to apply for the registration of, or be registered as the proprietor of, a layoutdesign; (b) to be registered as the assignee of the proprietor of a registered layout-design; or (c) to apply for registration or be registered as a registered user of a layout-design under section 25 power of central government 95 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: to remove difficultiesprovided that no order shall be made under this section after the expiry of five years from the commencement of this act (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament power to make rules 96 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the other matters relating to the registered layout-designs to be entered in the register under sub-section (1) of section 6; (b) the manner of applying to the registrar for registration under sub-section 91) of section 8; (c) the manner of advertising the application under sub-section (1) of section 10; (d) the manner of notifying the correction or amendment in application under subsection (2) of section 10; (e) the manner of making application, the fee to be paid and the manner of giving notice under sub-section (/) of section 11; (f) the manner of sending counter statement under sub-section (/) of section 11; (g) the manner of submitting evidence under sub-section (4) of section 11; (h) the form of issuing certificate under sub-section (2) of section 13; (i) the manner of giving notice under sub-section (3) of section 13; (j) the manner to apply to register the title under sub-section (1) of section 23; (k) the manner of applying to registrar under sub-section (1) of section 25; (1) the document to be prescribed under clause (c) of sub-section (1) of section 25; (m) the manner of issuing notice under sub-section (3) of section 25; (n) the manner of application under clause (a) of sub-section (1) of section 26; (o) the manner of application under clause (b) of sub-section (1) of section 26; (p) the manner of application under clause (c) of sub-section (1) of section 26; (q) the manner of issuing notice under sub-section (2) of section 26; (r) the procedure of cancelling registration under sub-section (3) of section 26; (s) the manner of applying to the appellate board under sub-section (1) of section 30; (t) the manner of giving notice under sub-section (3) of section 30; -(u) the manner of serving notice under sub-section (4) of section 30; (v) the manner of making application under sub-section (1) of section 31; (w) the manner of making application under sub-section (2) of section 31: (x) the salaries and allowances payable and other terms and conditions of service of the chairman, vice-chairmen and other members under sub-section (1) of section 37; (y) the procedure for investigation of misbehaviour or incapacity of the chairman, vice-chairman and other members under sub-section (3) of section 38; (z) the salaries and allowances and other conditions of service of the officer and other employees of the appellate board under sub-section (2) of section 39; (za) the manner of general superintendence by the chairman under sub-section (3) of section 39; (zb) the form of application, the affidavit documents, other evidence, fee in respect of the filing of such application and other fees for the services or execution of process to be accompanied therewith under sub-section (2) of section 40; (zc) the time limit for filing the opposition under sub-section (3) of section 40; (zd) the form of making application and the fee to be accompanied therewith under sub-section (1) of section 41; (ze) the manner of giving notice under sub-section (2) of section 41, (zf) the form of appeal, the manner of such verification of such appeal and the fee to be accompanied therewith under sub-section (3) of section 42; (zg) any other matter to be prescribed under clause (d) of sub-section (2) of section 43; (zh) the form of application under sub-section (1) of section 48; (zi) the manner of making application under sub-section (1) of section $1; (zj) the period to be prescribed under first proviso to sub-section (1) of section 51; (zk) the manner of giving notice and opportunities of hearing to the parties hearing under sub-section (3) of section 51; (zl) the period to be prescribed under sub-section (1) of section 53; (zm) the form of petition and particular to be contained therein under sub-section (2) of section 53; (zn) the time to be prescribed under section 73; (zo) the manner of making application and the fee to be accompanied therewith under sub-section (1) section 76; (zp) the manner of making application under sub-section (1) section 78;(zq) the period to be prescribed under sub-section (2) section 78; (zr) the manner of authorising a person under section 84; (zs) the manner of registering a person as a layout-design under clause (d) of under section 84; (zt) the conditions to be prescribed under sub-section (1) of section 87; (zu) the fee payable under sub-section (2) of section 87; (zv) the fees and the surcharge to be paid under sub-section (1) of section 89; (3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule statement of objects and reasonselectronics and information technology ts one of the fastest growing sectors that has played a significant role in world economy this 1s primarily due to the advancements in the field of electronics, computers and telecommunicaton microelectronics- which primarily tefers to integrated circuits (ics) ranging from small scale integration (ssi) to very large scale integration (vlsi) on a semconductor chip - has nghtly been recognized as a core, strategic technology world-over, especially for information technology (it) based society design of ics requires considerable expertise and several hundreds of man years of effort depending on the complexity such efforts culminate into the lay-outs for ics which are used for fabricating the ics in the fabncation plants to encourage continued mvestments in r & d to result in technological advancements in the field of microelectronics protection of intellectual property rights (ipr) embedded in the layout designs 1s of utmost mmportance 2 the existing practices of providing protection through the methods of copy right, patents do not appropnately accommodate the requirements of intellectual property rights protection for the layout-designs of integrated circuits this 1s because in the context of layout designs the concept of "onginality" 1s of utmost significance, whether it 1s a "novelty or not" while the patent law requires that the idea should be onginal as well as novel, the copynght law 1s too general to accommodate the onginal ideas of scientific creation of layout-designs of integrated circuits hence the requirement of this bill the necessity for providing protection for layout-designs of integrated circuits arises to reward and encourage an adequate level of mvestment of human financial and technological resources 3 the majonty of the countnes that attach sigmficance to protection of intellectual property rights im the semiconductor integrated circuits provides for a sur generis (of tts kind, unique) protection of layout-designs of integrated circuits which 1s usually contamed 1 a separate act the world trade organisation (wto) agreement which was rahfied by india has_ provisions for trade related intellectual property rughts (trips) with regard to seting up of standards concermng avatlability, scope and use of intellectual property rughts geographical indications layout-design of integrated cucuits etc developing nations have a transition penod of 5 years with effect from 1-1-1995 to align then laws in accoidance with the provisions of trips agreement as one of the signatories of wto, india 1s also expected to align its laws in accordance with the trips agreement and formulate suitable legislation 4 the semiconductor integrated circuit layout-design bill provides, inter-alia, for protection of semiconductor integrated circuits layout-designs by process of registration, mechamsm for distinguishing layout-designs which can be protected, rules to prohubit registration of layout-designs which are not onginal and/or which have been commercially exploited, period for protection, provision with regard to infringement, payment of royalty for registered layout-design, provisions for dealing with willful infimmgement by way of puushment, appointing a registrar for registering the layout designs and mechamsin of appellate boaid 5 the bill seeks to acmeve the above objectives pramod mahajan, new delhi; the 15" december, 1999 notes on clausesclause 1—this clause provides for appointment of different dates for commencement for different provisions of the act because some of the provisions like setting up of appellate board and necessary mechanism will have to be provided and therefore necessary steps will have to be taken for administering these provisions,which may take some time necessary provision is, therefore, proposed to be added to sub-clause (3) for this purpose clause 2-~ this clause contains definitions and interpretations these include appellate board, commercial exploitation, layout-design, semiconductor integrated circuit, registered layout-design, bench, chairman, judicial member, member, registered proprietor, register, registrar etc clause 3—this clause provides for the appointment of the registrar and other officers clause 4— this clause seeks to empower the registrar to withdraw any matter pending before an officer and deal with such matter himself or transfer the same to another officer for reasons to be recorded therein the purpose of this is to ensure better management of the work in semiconductor integrated layout-design registry and in the administration of the act clause 5— this clause deals with the establishment of the semiconductor integrated layout-design registry and branch offices clause 6— this clause contains provisions regarding maintenance of a single register of layout-designs at head office wherein particulars of the layout-designs with the names, addresses and description of the proprietor and other prescribed shall be recorded a copy of the register is to be kept at each branch office clause 7—- sub-clause (1) stipulates what constitutes absolute grounds for prohibition of registration of layout-designs it is proposed to explicitly stipulate that layout- designs which are not original or which have been commercially exploited for more than two years or which are not inherently distinctive or which are not inherently capable of being distinguished from the registered layout-design shall not be registered under the act sub-clause (2) defines an original layout-design which can be registered under the act sub clause (3) provides that in case the original layout- design is created as a result of a commission or employment the right shall, in the absence of any contractual provisions to the contrary, belong to the person who commissioned the work or the employer clause 8— sub-clause (1) deals with the procedure for making an application for registration of a layout-design sub-clause (2) provides for the place where application for registration of a layout-design is to be filed sub-clause (3) provides the provisions to the registrar to refuse the application or accept it absolutely or subject to amendrhents or modifications clause 9— this clause provides for withdrawal of acceptance of an application, before its registration, when the acceptance of layout-design is in error etc, after hearing the applicant clause 10— this clause provides for advertisement of an application, either after acceptance or before acceptance, so as to afford the public an opportunity to oppose the registration of layout-design clause 11 this clause deals with the procedure for opposition to registration to registration of a layout-design, sub-clause (6) provides for payment of security for costs in the case of persons who do not reside or carry on business in india clause 12— this clause provides for correction any error in or in connection with the application or amendment of the application either before or after acceptance of the application clause 13— this clause makes it mandatory on the registrar to register the layout- design where the procedure for registration of the layout-design has been completed viz the application has been accepted and either the application has not been opposed or the opposition has been dismissed clause 14— this clause provides for registration of jointly owned layout-designs clause 15— the duration of registration of a layout-design shall be for a period of ten years counted from the date of application for registration or from the date of first commercial exploitation clause 16— this clause provides that no infringement action will lie in respect of an unregistered layout-design, clause 17— this clause deals with the exclusive rights conferred by registration of a layout-design whether or not the layout-design is incorporated in an article or not clause 18— this clause deals with the infringement of layout-design and explicitly states as to various acts which constitute infringement sub-clause (1) provides that any act of reproducing a registered layout-design partly or entirely in a integrated circuit, act of importing or selling or otherwise distributing for commercial purposes an integrated circuit or an article incorporating such an integrated circuit sub-clause (2) provides that the acts contained in sub-clause (1) and (5) will not be infringement if these acts are performed for the purpose of scientific evaluation, analysis, research or teaching sub-clause (3) provides that it will not be a infringement if a person on the basis of scientific evaluation or analysis of a registered layout-design creates another layout- design which is original and performs any of the acts contained in sub-clause (1) and (5) on this so created layout-design sub-clause (4) prevents the proprietor of a registered design to use a layout-design which is created by another person on the basis of scientific evaluation or analysis of a registered layout-design referred to in sub-clause 3 sub-clause (5) provides that it will be not an infringement to perform or directing to be performed any of the acts referred to in sub-clause (1) if the person does not know or has no reasonable ground to know that the integrated circuit or an article incorporated a registered layout-design but after the time when such person has received notice of such knowledge, he may continue to perform or directing to be pérformed acts referred to in sub-clause (1) on the stock on hand or ordered before such time by paying royalty to the registered proprietor determined by negotiations between the registered proprietor and the person or by the appellate board based on the benefit accrued by the person sub-clause (6) provides for the immunity from infringement referred to in sub-clause (5) to a person who purchases an integrated circuit incorporating a registered layout- design or an article incorporating such an integrated circuit sub-clause (7) provides that acts referred to in sub-clause (b) of (1) shall not be infringement if they are performed with the written consent of the proprietor of a registered layout-design or within the control of the person obtaining such consent sub-clause (8) provides that if a person by the application of independent intellect creates a layout-design which is similar to the registered layout-design and claims that the layout-design so created was before the date of registration of the registered layout-design then any act of this person in respect of the layout-design shall not be the infringement of the registered layout-design clause 19— this clause states that registration including subsequent assignment and transmission, is prima facie evidence of validity clause 20— this clause recognises the right of registered proprietor to assign the layout-design for any consideration and give receipts clause 21— this clause deals with the assignability and transmissibility of a registered layout-design whether with or without the good will of the business clause 22— this clause seeks to stipulate conditions for assignment of a layout- design without goodwill of business such an assignment will not take effect unless the assignor obtains directions of the registrar and advertises the assignment as per the registrar's directions and as per the procedure to be prescribed the purpose of this advertisement is to notice of the assignment without goodwill of the business to the public clause 23— this clause deals with the procedure for registration of assignment and transmission where the validity of an assignment is in dispute between the parties, the registrar may refuse to register such transmission unless the rights of the parties are determined by the competent court , clause 24— this clause deals with the registretion of registered users clause 25—- this clause provides for registration as a registered user the clause sets out the procedure for making application and such registration, on completion of which the registrar may register the proposed user clause 26— this clause deals with the power of the registrar to cancel registration as registered user registration of registered user may be cancelled on the ground that the registered user has used the layout-design not in atcordance with the agreement or the proprietor/user has failed to disclose any material facts for such registration or that the circumstances have changed since the date of registration etc notice and opportunity of hearing is provided before cancellation of the registration clause 27— it is necessary to keep the register of the layout-designs up-to-date accordingly, to ascertain whether the registered user agreement is in force, the registrar is, proposed to be empowered to require the proprietor to confirm, at any time whether the agreement, on the basis of which registered user was registered is still in force, and if such confirmation is not received within the prescribed time the registrar shall remove the entry thereof from the register in the prescribed manner clause 28—- this clause recognises the right of registered user to take proceeding against infringement clause 29— this clause provides that a registered user will not have a right of assignment or transmission it is clarified that where the individual registered user enters into partnership or remaining in a reconstituted firm, the use of the layout- design by the firm would not amount to assignment or transmission clause 30— sub-clause (1) enable a person aggrieved by the absence or omission of any entry from the register or entry wrongly remaining or without sufficient cause to the appellate board or registrar sub-clause (2) empowers the appellate board or registrar to decide any question as may be necessary in connection with the rectification sub-clause (3) empowers the appellate board or the registrar to rectify the register on the grounds specified above on its own motion after giving an opportunity of being heard to the parties concerned sub-clause (4) enables registrar to rectify the register pursuant to an order of the board to rectify the register clause 31— sub-clause (1) empowers the registrar to correct the register in respect of the errors relating to particulars of the registered proprietor or the entries relating to the registered layout-design and also to make consequential amendments, and alterations in the certificate of registration sub-clause (2) empowers the registrar to rectify the register to correct any error or change of name etc on an application by the registered user after giving notice to the registered proprietor clause 32— this clause provides for the constitution of the appellate board to hear appeals against the decisions of the registrar clause 33— this clause deals with the composition of the appellate board the board will consist of a chairman, vice chairman and such other members the central government deem fit the place where the board may sit will be notified by the central government clause 34— this clause deals with the requisite qualifications for appointments as chairman, vice-chairman and members of the board clause 35— this clause deals wih the term of office of the chairman, vice- chairman and other members of the soard and their conditions of service clause 36— 'this clause sets out the circumstances where the vice chairman or the senior most member will act as chairman and discharge his function clause 37— this clause enables the central government to prescribe the salaries and allowances of the chairman, vice chairman and other members and other terms and conditions of their service viz, pension, gratuity, retirement benefits etc clause 38— this clause makes provision for the resignation of the chairman, vice chairman or any other members of the board and various grounds for their removal from office clause 39— this clause provides for the appointment and functioning of the staff of the appellate board, terms and conditions of service and the administrative powers of the chairman over themclause 40— this clause provides for determination of royalty by the appellate board by submitting an application in the prescribed form the appellate board shall dispose of the application after giving opportunities to the applicant and the opposing party decision of the appellate board shall be executable by a civil court clause 41— this clause empowers board to cancel the registration of the registered layout-design or registration of assignment or transmission related to the registered layout-design on receipt of an application and after giving the opportunity to the opposite party of being heard cancellation of the registered layout-design either in whole or in part shall be deemed to be effective on the date from which the period of ten years -------- clause 42 this clause makes provision for appeals to the appellate board from the decisions of the registrar and the period within which they are to be preferred clause 43— this clause empowers the appellate board to regulate its own procedure the appellate board will have the powers of a civil court trying a suit under the code of civil procedure, 1908 in respect of the matters set out in the clause to facilitate speed disposal of cases, the clause lays down that the board shall not be bound by the procedure laid down in the code of civil procedure, 1908 but be guided by the principles of natural justice clause 44— this clause bars any court or other authority from exercising jurisdiction, powers or authority in relation to the appeals clause 45— this clause prohibits the chairman, vice chairman or other members of the board from appearing before the appellate board or the registrar after they cease to hold office clause 46—- this clause provides that no interim order shall be made in any proceeding relating to an application unless copies of the appeal are furnished to the party against whom the appeal is made and an opportunity of hearing is given to such parties clause 47— the clause seeks to empower the chairman to transfer any cases pending before one bench for disposal to any other bench either on his own motion or on the application made by any of the parties the purpose of this is to secure proper management of work clause 48 this clause deals with the procedure for application for rectification made to the appellate board this also provides that certified copy of the order or judgement of the board will be communicated to the registrar for taking appropriate action, including amending entries in the register accordingly clause 49— this clause empowers the registrar to appear before the appellate board in certain cases or in lieu of appearance, to file the statement in writing which shall constitute evidence of the proceeding clause 50—- this clause empowers registrar to refer disputes to the appellate board whether the layout-design has been commercially exploited for more than two years and the decision of the board shall be final clause 51—this clause empowers the appellate board to permit the use of registered layout-design by the government or the person authorised by the government subject to any or all of the conditions enumerated in items (a) to (e) of sub-clause (1) of that clause these conditions are inter alia relates to the noncommercial pubic purposes, extreme public urgency and anti competitive practise the appellate board also empower to determine royalty in lieu of such use and to review the permission granted under this clause clause 52—in all proceedings before appellate board, the registrar will not be ordered to pay the costs to any party, but the costs of the registrar shall be in discretion of the appellate board clause 53-—-this clause makes provisions for appeals to the high court from the decision or order of the appellate board and the period within which they are to be preferred sub-clause (2) of this clause provides that such appeal shall be preferred by petition in writing and sub-clause (3) applies the provisions of code of civil procedure, 1908 to such appeals clause 54—this clause empowers the high court to make rules which are consistent with this act this is required to conduct and proceed of all proceedings under this act clause 55— this clause makes transitional provisions conferring powers on the intellectual property appellate board established under the trade marks act, 1999 to act as appellate board under the proposed legislation till the appellate board is constituted under that legislation clause 56— this clause provides for the infringement of layout-design which may extend to three years imprisonment or with fine which shall not be less than fifty thousand rupees but may extend to ten lakhs rupees or with both clause 57—this clause makes flase representation of a layout-design as registered as an offence the punishment for the offence is imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both it is also cerify that where the layout-design in question is registered under the law of the country outside india, the use of word or other expression to denote such registration in foreign country is permissible clause 58—- the use of any words which would lead to the belief that a person's place of business is officially connected with the semiconductor integrated circuits layout-design registry is made a punishable offence with imprisonment for a term which may extend to six months or fine or with both clause 59— this clause contains provisions for penalty for falsification of entries in the register the offence is punishable wish imprisonment extending to two years or fine or with both clause 60— this clause empowers the court to direct the forfeiture to government of all the goods relating to which an offence has been committed the court may either order the forfieted goods to be destroyed or otherwise disposed of where an appeal against conviction lies, the appeal will also lie against the forfeiture clause 61—this clause contains provision for exemption of certain persons employed in ordinary course of business from liability if the person accused of an offence proofs, inter alia that he had at the time of commission alleged offence no reason of suspect the genuineness of the registered layout-design, he shall not be liable clause 62— this clause prescribes the procedure where invalidity of registration is pleaded by the accused, and makes provisions for stay of proceeding in certain circustances if the court is satisfied with the defence of invalidity of the registration, it may adjourn the proceedings for three months to enable an application for rectification of the register to be filed before the appellate board if the accused proves that he has made such applications, further procceings shall stand stayed till the disposal of rectification application on the other hand if within the period allowed by the court, the accused fails to apply for the rectification before the appellate board, the court is bound to proceed with the case as if registration is valid clause 63—- the clause contains provisions for the offences by companies this provision seeks to provide that where a person commits an offence as a company, every person responsible in the company for the conduct of its will be liable where a person accused proves that the offence was committed without his knowledge he will not be liable however, where it is proved that an offence has been committed with the consent or connivance or is attributed to the neglect of any director, manager, secretary or any other officer of the company, he shall be deemed to be guilty of the offence clause 64— this clause provides that court shall take cognizance of an offence under clause 56 or clause 57 only on the written complaint of the registered proprietor or registered user the-clause also provides that court shall take cognizance of an offence under clause 58 or 59 only on the complaint by the registrar or any officer officer authorised by the registrar clause 65— this clause empowers the court to order payment of reasonable costs by the accused to the complainant or by the complainant to the accused clause 66— this clause provides that an officer of the government who is required to enforce the provisions of this chapter should not be compelledd to say as to when and where he got any information in respect of the alleged offence clause 67— this clause provides that any person in india abetting the commission of any offence which, if committed in india would be an offence kshall be tried for such abetment and shall be punished clause 68—-this clause prohitbits the registrar to disclose any information relating to registration of a layout-design or any application relating to such a registration in the interest of security of india this clause also empowers the registrar to take action for the cancellation of the registration of the layout-design in the interest of the security of india clause 69— the clause seeks to protect anything done or intended to be done by any person in persuance of this act in good faith clause 70—this clause is states that every persons appoint under the proposed legislation and every member of the appellate board shall be public servant clause 71—this clause provides that where a registered layout-design, or a semiconductor integrated circuit in which a registered layout-design is incorporated, or an article incorporating such a semiconductor integrated circuit is sold or has been contracted for sale, there is implied warranty that the registration of the layout-design is genuine clause 72— this clause seeks to empower the registrar with the power of a civil court, including award of reasonable costs, subject to rules to be made to this behalf clause 73— this clause provides that the registrar has to give an opportunity of being heard to the person/persons before exercising his discretionary powers adverse to himclause 74,— this clause says that evidence before the registrar should be normally in form of affidavit only and in addition or in lieu thereof the registrar may take oral evidence clause 75— this clause provides that in case of death of a party to a proceeding during the course of proceedings, the registrar, on proof to his satisfaction may allow substitution of his successor or may allow the proceeding to continue with the surviving parties clause 76— this clause empowers the registrar to extend the time for doing any act, not being a time expressly provided in the act clause 77,— if the registrar is of the opinion that the applicant has defaulted in the prosecution of his application, he may by a notice required him to remedy the default after giving him an opportunity to be heard he may treat the application as abandoned unless the defaulot is remedied within the time specified by him clause 78—this clause states that any person proposing to apply for registration of a layout-design may request the registrar to obtain preliminary advice as to the distinctiveness of the layout-design clause 79—this clause provides that in every proceeding the registered user shall be made party to the same clause 80—this clause states that certificate issued by the registrar shall be prima facie evidence without further proof or production of the original clause 81—this clause states that registrar and other officers shall not be compelled to produce the registrar and other documents if the contents can be proved by p:roduction of a certified copy they shall not be compelled to appear as witness to prove the matter therein unless for spcial cause it is ordered-by the court clause 82—this clause states that whre in any legal proceeding for rectification of registrar a decision is given in favour of the registered proprietor the appellate board may grant a certificate of validity clause 83—this clause deals with address for service given by the applicant or popponent by stating that this address shall be deemed to be address of the applcant or opponent and all correspondence shall be sent to them on this address only clause 84—this clause deals with agents and provides that if any act is required to be done before the registrar by any person, this may be done by him or a legal practiner, a layout-design agent by his employee if he is duly authorised by him clause 85—this clasue seeks to protect the rights of the proprietor of a registered layout-design if his agent or representative to register or registers the layour-design in his own name, without authority, the proprietor is entitledto oppsoe the application or to apply forrectification so as to being him as the registered proprietor the time within which such action has to be taken is three years from the date he is aware of the conduct of the agent clause 86—this clause provides for keeping indexes at the layout-design registry, viz indexes of registered and pending layout-designs, registered proprietor's index and index of registered users clause 87—this clause provides for the inspection of the documents by the public any number of public may inspect these documents on payment of the fees to be prescribed and also obtina certifed copy of the entry from the registrar clause 88—this clause provides for placement before the parliament by the registrar annual reports on the execution of this act clause 89— this clause provides for prescribing fees for various acts to be done under this act clause 90— tis clause provides for protecting the person in respect of offences in chapter ix clause 91—this clause deals with the declarartion of ownership of layout-design (other than a registered layout-design) not registerable under the registration act, 1908 clause 92— this clause states that the provisons of this act shall be binding on the governemnt clause 93—this clause empowers the cental government, by notification in the official gazette, to specify convention countries for providing the citizens of those countries the similar privileges as granted to the citizens of india under the proposed legislation clause 94—this clause contains provisons as to reciprocity if any contry does not accord to citizens of india the same rights as to registration and protection of layout- design as it accords to its own national, no national of that country is entitled to apply for registration of a layout-design, to apply for registration as a registered user of a layout-design or to be registered as the assignee of the registered proprietor of a layout-design in india clause 95—this clause empowers the central government for removing difficulties which may arise in giving effect to the provisons of the act every order of the central government under this clause is to be laid before house of-palriament this power is exercisable only for five years from the commencement of the new act clause 96—this clause empowers the central government to make rules to carry out the purposes of the new act on the various matters specified therein memorandum regarding delegated legislationclause 96 of the bill empowers the central government to make rules to carry out the pravisions of the proposed legislation sub-clause (2) of that clause enumerates the matters with respect to which rules may be made under this clause these matters relate to, inter alia, the manner of making of applications and fee payable for such applications under this bill; the manner of advertising of application for registration; form of certificate of registration; manner of making an application for assignment or transmission of a registered of layout-design; the manner of authorising any person to act and to registered him as a layout-design agent; form and manner of making appeal to the appellate board and salaries and allowances payable and the other terms and conditions of service of the chairman, vice-chairman and other members, officers and other employees of the appellate board 2 the aforesaid matters relate to 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 financial memorandumclause 32 of the bill relates to the establishment of layout-design appellate board and clause 39 relates to the salaries and allowances payable to and other terms and conditions of service of officers and other employees to assist the board clause 3 of the bill relates to the establishment of the office of registrar of semiconductor integrated circuits layout-design it is estimated that the bill, when enacted will involve a non-recurring expenditure of rupees fifty lakhs and recurring expenditure of rupees one hundred seventy five lakhs during every financial year

Parliament_bills

a9c07333-7532-5464-911f-96772318ccf8

bill no xxxii of 2010 the dalit, backward and oppressed youth (development and welfare) bill, 2010 a billto provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the dalit youth belonging to scheduled castes, scheduled tribes and those from other backward classes and oppressed categories from the religious and linguistic minorities and for their welfare to be undertaken by the state and for matters connected therewith and incidental theretobe it enacted by the parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the dalit backward and oppressed youth (development and welfare) act, 2010short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "backward" means those youth who belong to castes which have been declared, by notification in the official gazette, as backward by the appropriate government from time to time;(c) "dalit youth" means the youth belonging to scheduled castes and scheduled tribes;(d) "oppressed youth" means the youth who have been cruelly or unjustly treated in the society due to faith or religion, caste or creed or language or have been oppressed with poverty as such;(e) "prescribed" means prescribed by rules made under this act; (f) "youth" means any person who has attained the age of eighteen years but is not above the age of thirty-five years3 (1) the central government shall, as soon as may be, formulate a comprehensive national policy for the overall development and welfare of the dalit, backward and oppressed youth of the nation for implementation throughout the countrynational policy for the dalit backward and oppressed youth(2) without prejudice to the generality of the provisions of sub-section (1) of section 3, the national policy referred to therein may provide for;(a) free higher education, including medical, technical and information technology;(b) free coaching training for admission to management courses with assured admission in management institutes of repute;(c) books, stationery, equipment and educational, gadgets free of cost; (d) scholarships in deserving cases; (e) hostel facilities free of cost; (f) free public transport facilities;(g) monthly pocket expenses allowances at such rate as may be prescribed; (h) free entertainment facilities; (i) free access to all libraries and technical institutions; (j) training in sports to every eligible youth covered under this act and facilities and appropriate incentives to participate in sports activities, events and tournaments in and outside the country;(k) provision for free of cost healthy and nutritious meals to all the student youth covered under this act in the schools, colleges, universities, hostels and technical institutions;(l) free medical and healthcare; (m) providing modern apprenticeship in business, trade, vocation etc, in factories and commercial establishments;(n) providing military training to physically fit youth covered under this act and those successfully completing training to be given preference for recruitment in defence services;(o) free of cost coaching and study material for all india services and other competitive examinations which are conducted by upsc, state public service commissions and other examination bodies such as of railways, banks staff selection commission and other bodies of the government at the centre, states and union territories;(p) such other facilities, incentives and welfare measures as may be prescribed from time to time4 it shall be the duty of every appropriate government to implement in letter and spirit the national policy formulated under this actappropriate government to implement national policy employment and unemploymentallowance5 notwithstanding anything contained in any other law for the time being in force the appropriate government shall provide gainful employment to the youth covered under this act as per their ability and qualification after completing their education or training, as the case may be, and in case that government fails to provide them employment, the youth shall be paid unemployment allowance on monthly basis at such rate as may be prescribed by the central government until they are given gainful employmentmiscellaneous provisions6 (1) the appropriate government shall appoint such number of expert committees in the capital of every state and union territories and in every district as it may deem necessary for carrying out the purposes of this act comprising renowned educationists and psychologists and others to recommend some trade or vacation related education or training to be imparted to the youth covered under this act after passing their secondary or matriculation examination(2) the appropriate government shall establish such number of youth hostels on the lines of international youth hostels at conspicuous places in the country for the youth covered under this act as it may deem necessary for the purposes of this act(3) the appropriate government shall promote youth cooperatives at villages and district levels for establishing their village industries ventures, dairy projects, food processing, poultry, fair price shops, lpg distribution, etc and provide requisite financial assistance and guidance to them for procuring raw materials and promoting marketing, etc(4) the appropriate government shall ensure the availability of requisite credit at nominal rate of interest from the banks and other financial institutions to the youth covered under this act for their self employment projects(5) the appropriate government shall extend such welfare measures to the youth covered under this act as that government may deem appropriate and necessary for carrying out the purposes of this act 7 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide requisite fundspower to make rules8 the central government may by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsthe youth are the strength of a strong nation and are capable of substantially influencing polity in the recent times, the youth have transformed some monarchies into republics by overthrowing monarchial power as such, the youth are always at the centre stage of socio-political activities of every country and similar is the position in our nation to maintain this strength a clear cut youth policy is required to rid the youth of problems relating to education, poverty, nutrition, employment opportunities, self employment, vocational training, health, sports, etc the country at present has no institutional mechanism to harness the potential of our youth and channelise their energy for the betterment of the country the plight of the youth belonging to dalit communities such as scheduled castes, scheduled tribes and other backward classes (obcs) who have been oppressed for centuries is even worse even today the dalit youth have to face social ostracisation though thanks to the reservation policy propounded and given by the messiah of the dalits babasaheb br ambedkar many of them have made some progress but the dalit youth still require special attention because there is a need to instill a sense of belonging among the dalit, backward and oppressed youth of the nation by providing them all opportunities for their overall development so that they too contribute to the progress of the country to their full potential the facilities and opportunities should be provided as a matter of right good education should be their right and it should not be a privilege of the elite only employment needs to be guaranteed to them and if employment opportunity is not provided they have to be given unemployment allowance they have to be linked directly with the production processes by eliminating the disparities between the rural and urban dalit youth for this a comprehensive national policy for the dalit backward and oppressed youth should be in place to ensure their all round development which is the need of the hour and an absolute necessity the state has to extend welfare measures for them and enable them to fight against fanaticism, fundamentalism and separatismhence this billakhilesh das gupta financial memorandumclause 3 of the bill provides for a national policy for the dalit, backward and oppressed youth under which various facilities are to be provided to such youth clause 5 provides for employment opportunities and payment of unemployment allowance by the governmentclause 7 makes it mandatory for the central government to provide requisite funds to carry out the provisions of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible at present to quantify the funds that may involve but it is estimated that a sum of rupee thirty thousand crores may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupee twenty thousand crores may also involve for creating assets and infrastructure memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the dalit youth belonging to scheduled castes, scheduled tribes and those from other backward classes and oppressed categories from the religious and linguistic minorities and for their welfare to be undertaken by the state and for matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp)gmgipmrnd—3868rs(s3)—13-08-2010

Parliament_bills

af4611aa-3a44-5286-a20f-c5794a0f1b25

statement of objects and reasonswith the enforcement of economic reforms and with the advent of liberalisation of economy since 1991, greater emphasis in government's economic policy is being given to free trade, business and industry the economy has, so to say, been transformed from protected economy, into liberal economy with emphasis on free enterprise with india having signed the agreements as a member of the world trade organisation, more and more of public sector enterprises are being passed into private hands, workers' co-operatives or being transformed into joint-sector enterprises with increasing private equity and jointventures with foreign countries, non-resident indians or multinational organisations in this scenario the public sector is shrinking fast and the provision for reservations of posts and jobs for weaker sections of the society, as contemplated under article 16(4) or under the mandal commission report, being restricted only to appointments to services and posts in connection with affairs of the union and the state government are losing their significance, in so far as protection of the interests of the scheduled castes, scheduled tribes and backward classes are concerned time has come and situation has arisen when the spirit of the provisions of the constitution and the mandal commission recommendations should be extended to cover besides the services of the 'state', the joint sector, private sector, co-operative enterprises and other organisations even after 53 years of independence, the scheduled castes, scheduled tribes and other socially and educationally backward classes of citizens continue to suffer deprivation and are denied their due share of opportunities for development and their upliftment moreover, supreme court, has through recent judgements, such as those in indra sawhni and ajit singh (//) cases, tried to lay down a restricted interpretation of the provisions of article 16(4)-and (4a), to the detriment of these deprived classes hence this bill new dewi; sushil kumar shinde april 13, 2000 financial memorandumclause 5 of the bill provides for the constitution of a board for monitoring the recruitment and promotion policy for reservations in enterprises 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 two crore a non-recurring expenditure of about rupees one crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for-carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character

Parliament_bills

80425395-a592-5c43-b4f5-3c25ac056d9a

bill no 137 of 2009 the two child norm bill, 2009 by shrimati supriya sule, mp a billto provide for promotion of two child norm to control population in the country and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the two child norm act, 2009 (2) it extends to the whole of indiashort title, extent, commencement, duration and savings(b) any penalty or punishment incurred under this act, and any investigation, proceeding or remedy in respect of any offence committed under this act before its expiry may be instituted, continued or enforced after expiry of this act and penalty or punishment may be imposed as if the act had not expireddefinition52 in this act, unless the context otherwise requires, "appropriate government" meansin the case of a state, the government of that state and in other cases, the central government3 it shall be the duty of the central government to promote, encourage and motivatemarried couples to opt for small family norm with a view to control the rising population in the countrycentral government to encourage small family norm104 any person—(a) who has two or more than two living children shall not procreate any moreliving child after a period of one year from the commencement of this act; andno person to have more than two living children(b) who has less than two living children on the date of commencement of thisact, shall not procreate more than two living childrenincentives155 a married couple who has only one living child, and if either of them voluntarilyundergoes sterilisation, shall be given following incentives by the appropriate government—(a) free education including higher education to such child; (b) suitable employment to such child after he completes his education; and (c) such other benefits as may be prescribed by rules made under this act20undertaking by government employees6 (1) any person who is serving in connection with the affairs of the union or in anyundertaking or organization under the control of the government, as the case may be, and who has only two children or who has not procreated any child or who is unmarried on the date of commencement of the act, shall give an undertaking that he shall not procreate more than two living children25(2) any person violating the provisions of sub-section (1) shall be subject to suchdisciplinary action as may be determined by the appropriate government7 the provisions of this act shall have effect notwithstanding anything to the contrarycontained in any other law for the time being in forceact to have overriding effect power to make rules308 (1) the central government may, by notification in the official gazette make rules togive effect to provisions 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 of annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsrapid increase in population has given rise to a number of socio-economic problems like poverty, shortage of food, housing, employment opportunities and environmental degradation, etc india is the second most populous country after china china has been able to control the rapid growth in its population but we have not been successful in it our population has crossed the figure of one hundred crore if the present trend continues, it will not be possible for us to address our socio-economic problems which have arisen due to increase in populationrecently, some countries have accused us of being the largest consumer of world's foodgrains and oil seeds which has resulted in worldwide shortage of these commodities and thereby giving a push to inflationary trends in the worldit is, therefore, imperative that certain effective steps are taken to check this menace because our resources are limited despite the existence of various birth control measures and various family planning programmes in force for many years to motivate the people to accept these birth control methods, the problem of population explosion still remainsthe bill, therefore, seeks to provide for two child norm in a family and promote small family norms in future generation there is also a provision that this act shall remain in force for a period of ten years from the date of its commencementhence this billnew delhi;supriya sulenovember 12, 2009 financial memorandumclause 5 of the bill provides for certain incentives like free education, employment, etcto the children of such couples who adopt small family norm the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one hundred crore will be involved as a recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees one 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 provisions of the billas the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for promotion of two child norm to control population in the country and for matters connected therewith————(shrimati supriya sule, mp)gmgipmrnd—5293ls(s5)—10-12-2009

Parliament_bills

7db07bcf-988e-523a-ac42-9ecc16d4c300

bj no 6l ol!!!9 me scheduled castes and the schbdttled tribb8 (prevention of atrocities) bill, 1988 a billto prevent the commission of offences of atrocities against the members of the scheduled castes am the scheduled tribes to pr'otjide for special court8 for the tricl of such offences am for the reli~ and rehcibilitation of the victims of i1ich offences and fof' m4ttersconneeted t"erewith of' incidental thereto be it enacted by parliament in the fortieth year of the republic of india as follows:- chapl'er i preliminary5 1 (1) this act may be called the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 short title, extent and commen cement (2) it extends to the whole of india except the state of jammu and kashmir deftnitiona (3) it shall come into force on su~h date as the central government 10 may by notification in the official gazette, appoint z (1) in this act, unless the context otherwise requires,-(a) "atrocity" means an offence punishable under section 3; (b) iicode" means the code of criminal procedure, 1973; (c) "scheduled castes and scheduled tribes" shall have the meanings assigned to them respectively under clause (24) and clause (25) of article 366 of the constitution; (d) "special court" means a court of session specified as a special court in section 14; 5 (e) "special public prosecutor" means a public prosecutor specified as a special public prosecutor or an advocate referred to in section 15; (t> wo,1'cis and expressions used, but not defined in this act and defined in the code or the indian penal code shall have the meanings 10 48 f 1860 assigned to them respecttvely in the code, or as the case may be in 0 - the indian penal code : (2) any reference in this act to any enactment or any provision thereof shall, in relation to an area in which such enactment or' such pro-vision is not in fo,1'ce, be construed as a reference to the corresponding law, 1 s if any, in force in that area, chapter ii offmncm of atrocities3 (1) whoever, not 1ieing a member of a scheduled caste or a scheduled trlbe,-o puni8h men for offences of atrocitie l,i'~~fada ~'ti;w,;h;aer of a scheduled caste or a scheduled tribe to ~ 9j? e~ w;~_~ w q~~ ~~) (ii) acts with intent to cause injury, insult or aimoyance to any member of a scheduled caste or a ~heduled tribe by dumping excreta waste matter, carcasses or any ~er obnoxious substance in his 2s premises or neighbourhood; ~j fqrcijtly ~v~ ~~ frq~ ~ ~, ~ a ~~eji qf a $ch~ed c;:~~oli a ~~lled t~be or ~apes ~ ~ed- 01; wi~ ~~\ fa~, qf' boc4': o~ cq~ iplj ~ 4pt whjr' i~ ~~atory to human dignity; 30 (iai~ wro~ ~pies qj;, ~hratel ~y land, owde4 ,y: of· allotted to, or notified by any competent authority to be~" ~ " member of a scheduled caste o~ a sg~y,ed wbe or, gets the land allotted to him transferred; i, ' 4~ ~ql1~ 4isp,os~, a ~~ q( a, $c~'4~ gw df- a 3 scheduled tribe from his ~ 01' pf~_ q~ b)ter,fej:~ wi~ tl)e 5 ~oyment of his ri~~ts over any l~nd, premises or water; (vi) compels or entices a member of a scheduled caste oj[ ~i ~~~~t ~+~; ~ d~ 'befl~' qr ~t~e~ s~~il,r forms, of fp~ed, qr bonded labour other ql~ an~ ~~uls9~ service for, p'lj;qlic p'~r- 4,q, poses imposed by government; , (~:), fq:rr~~ q~ id~hj~~, a, 'n~~pe!, ~f b: ~!nul!4 ca~ or a scheduled tribe not te vote or to vote to a particul8l' candidate or to vote in a man other thad that provided by law; (viii) inatitutes falsej malicious or vexatio~ ~t or, er,iminal or other legal proceeding againl~ a member of a schedu1~ cute or a scheduled tribe; - ' " (iot) gives any false or ,frivolous information to any public ser-s vant and thereby causes such public servant to use his lawful power to the injul'y or annoyance of a member of a scheduied caste or a scheduled tribe; (z) mtentionally insults or intimidates with intent to humiliate a rdemher of a seheduled caste fir a seheduled tribe in any place 10 within public vil!w; (xi) assaults or uses force 110 any woman belonging to a scheduled caste or a scheduled tribe with intent to dishonour or outrage her modes$}'; (rii) being :i1'1 a position to dominate the will of a woman be-is longing to a sheduled caste or a scheduled tribe and ases that position to exploit her sftually to which she would not have otherwise agreed; (12iii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the scheduled castes 20 or the scheduled tribes so ab to render it less fit for the purpose tor which it is ordinarily used; (xiv) denies a member of a scheduled caste or , 9:beduled tribe any customary right of passage to a place of public resort or omfue'ts s'deh ~ef sci as t> }we-ooehf hhii frotit usirt~· or baving ls acee~s to a p'laee 'of pubffc' mbort tb whlet% 6ther meiri6f!rs of public or any seelkm tliei'ebf fttlve' a rfgflt (0' oij€ ol" ~d t6'; (xv) forces or causes a member of a sehecjuied caste or a scheduled 'ttribe to leave hls house, vulage or other place of residence, 30 shall be punisheble with imprisomnent for a term which shall not be less than si'x months but which may extend to five years and with fine (2) whoever, not being a member of a scheduled caste or a schedul«!d 'pribe~ (i~ givet or fabrieates' faa evidence intending thereby to c!ause ()r knowing it· to' be likely tba( he' will thereby c8wle, 'any member of a scheduled caste or a scheduled' tribe to be ~onvicted of an offence which is capital by! the laws for the time being in foree shall he punished with- imprisonment for life and with fine; and· if an in-rocel'1t mem'ber of a schedttled caste or a scheduled tribe be 'convicted and executed in consequence of such false or fabricated eyidence, the person who gives· or fabricate9 such false evidence shall l be punished with death; (it) ",- or 1abriates fa18e evidence intending thereby to i callie or lmo\pling it 'to be likely that he wil,i thereby c&uie any member of a scheduled caste or a scheduled tribe to be convicted of an offence which is not capital but punishable with imprisonnumt for a term of, seven' years 01' u~rds, he shall be punishable with s impribonment for a 'term which shan not be less than stx; months but which may extend to seven years or' upwards and with fine; (iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he wiu thereby cause damage 10 any property 'belonging to a member of a scheduled 10 caste or a scheduled tribe shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; , (iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause 15 destruction of any buuding which is ordinan1y used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member ofa scheduled caste or a scheduled 'iiribe shall be punishable with imprisonment for life and with fine·; (v) commits any offence under the indian penal code punish- 20 45 of 1860 able with imprisonment for term of ten years or more against a person or property on the ground that such person is a member ota scheduled c81!te or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine i 25 (vi) knowingly or jlaving reason to believe that an oftence has been committed under'this chapter, causes any evidence of the commission of that offence; to disappear with the intention of gcreenin~ the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes 30 to be false shall be punishable with the punishment provided for that offence: or (vii) being a public servant, commits any offence under this section shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punish- 3s ment provided for that offence ' 1 puniah· ment for neglect of duties 4 whoever, being a public servant but not being a member of a seheduled caste ora scheduled tribe, wilfully neglects his duties re- quired 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 40 whtch may extend to one year: j enhanced punishment for 'jubeequat conviction 5: whoever, havinga~dybeen convieted of an offence under this , chapter is convicted for the second offence or any oft'enee subsequent to " the second ofte'lice, shall be punishable with imprisonment' for a term which shall not be less than one year but which may extend to the punish- 4s ment provided for that offence , the schedulbd castes and the scheduled tribes (prevention of a'irocitles) bill, 1989(to be/as in troqu2jlilllqll§atlla) 1 page 2, a~a1nst line 10, in the margin,-f2:£ '148 0 f 186o" £w "45 0 f 186j" 2 page 3, line 2,-for ''prceeding'' ~ ''proceedings'' " 3 page 3, line 15,-e for "s£teduled caste" read "scheduled oiste lt 4 page 3, line 37,-''law'' fql "laws" read page 4, line 5,-omit "he" 6 page 4, line 21,-aft-er "for" inser t 'ta" 7 page 4, line 42,-for "alredy" read "already" 8 page 5, line 10,-after "to" omit" the" 9 page 5, line 30,-fo r "1 t is" ~ "i fit" 10 page 5, line 36,-ror "excercisable ti read "exercisable" 11 page 7, in the marginal heading to clause 12,-"whom" fo r "yil en an" reag 12 page 8, line 3,-bero re "dep u ty" in ser t ua " 13 page 8, line 5,-fo r "gro p " re~d ~i gro up " 14 page 8, line 13,-f2!: lip ro vison s" read "nro visions it t 15 page 2, line 26,-for "any ii ~ "an" 16 page 9, line 40,-for "he ues" read "houses" new deihl; august 8 1982 sravana 17,1911 (saka) • subject to the ot!ler provlsfons of this act the provtslons of sectl= 46 of 1860 34, chapter in, chapter ''n, ehaptet 'v, l"'hapter va section 149 and chapter xxiii of the indian penal code, shall, 80 far as may be, apply for the purposes of this act as' they apply for the purposes of the indian 5 penal code application bf certain provisions of indian penal code forfeiture otpropei' ty~cer_ tain persons '1 (1) where a ;person has been convicted of any offence punishable under this chapter, the special court may, in addition to awarding any punishment, by or~ in writing, declare that any property, movable or immovl'ble or both,~bitlonging to the person, which has been used for the 16 commission of that ~oftence, shall stand forfeited to the government (2) where any person is accused of any offence under this chapter, it shall be open to the special court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached and where such trial 15 ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any flne imposed under this chapter i 8 in a prosecution for an offence under this chapter, if it is proved that-pi"esumption as to offences 20 (a) the accused rendered any financial assistance to a person accused of, or reasonably suspected of committing an offence tinder this chapter the special court shall presume unless the contrary is proved that ~uch ~rson had abetted the offence; (b) a groua' of persons committed an offence under this chapter 25 and if it is proved that the offence committed was a sequel to any existillg dispute regarding land or any other matter, it shall be presumed that the oftence was eommitted in furtherance of the common intention or in prosecution of the common object 9 (1) notwithstanding anything contained in the code or in any confer-30 other provision of this act the state government may, it is considers ment of it necessary or expedient so to do,-powers (a) for the prevention of and for coping with any offence under this act or (b) for any case or class or group of cases under this act, 35 in any district or part thereof confer, by notification in the official gazette, on any officer of the state govern~ent, powers excercisable by a police officer under the code in such district or part thereof or, as the case may be for such case or class or group of cases and in particular, the powers of arrest, investigation and prosecution of persons before any 40 special court ! i , (2) an officers of police and all other officers of government shall assist the oftlcerrt!ferred to in sub-section (1) in the execution of the provisions of this act or any rule, scheme or order made thereunder (3) the provisions of the code sball, so far may be, apply ~ the exercise of the powers by an offieer \in_ m-section (1) chapter m externmentremoval ofpereon likely \0 commit ofleace 10 (1) where the special court is satisfied, upon a complaint or a s pollee report that a person is likely to commit an ebenee utlder chapter ii of this act in any area included in 'soheduled areal' or 'tribal areai', as referred to in article 244 of the constitution, it ~ay, by ordet 11'1 wi'lting, direct such person! to remove himself beyond the limits of auch are, by such route and within such time as ittay be apeoifted in the arcter, and it not to return to that area from which he was directed to remove himself tor such period, not exceeding two years; as may be spedfted 1ft the order (2) the special court shall along with the order under sub-sectlcm (1), communicate to the person directed under that 8ulhection the grounds on which such order hal been tnade 1 s (3) the special court may revoke or modify the order made under subsection (1), for the reasons to be recorded in writing, on the represelltation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order n (l) if a person to whom a directioll hall beed is!med uftder section 29 10 to remg'ye himself froid anr are-(a) fails to remove himself as directed; or (b) having so removed himself enters such &tea· witlun the period specified in the order procedure on failure ofpe1'8od to remove himsell from area and enter thereon after removal otharwiai! tbm with the per ion in wr1ti:nl of •• sp!clal court under 2s sub·section (2), the speciaj cout may c:allr iiiiid to be arrested and removed in police custody to such place outside such area as the special court may i~ify (2) the special court may, by oitler ia wri-" permit aay pers<m in respect of whom an order under section 10 has been made, to return 30 to the area trom which he was directed to remove himself for' such tem· porary period and subject to such conditions as may be gpeeifted in such order and may roquire him ,to execute a bend with or without surety for the due observation of the conditions imposed (3) the special court may at any time revoke any such permission 3-s '4) any pe:rson wro wwa such pwmiasion rtujaa to the area boiil which jae wu· cmected to remove laimself shau obilerve'the corditiods im· posed, and at the expiry of the temporary period for whicah· ile wa, pe1'-mitted to return, or on the revocation of such permission before the expiry of such temporal:? perigq, shall wmove lumtjetf outaide web area' and 40 shan not retum tbawtg wi'bhid, 1iae unexpirecl ~d- apeciaad under section to- without a freth, pumi8iion ' " (s} if awsoll fauff tq qbierve an,y of the conditions imposed or to rejilove hims~, q,ccordiqgly qr baving so j'i~ved himself enters or retlm'ns tq y,crh,ilre$ wlthou~ fresh pennission the special court may ~a\lme him to be ~~ and remov~d in police custody to such place 5 out~~q, ~ych, ar~a u tbe ~ial court may apecily if (1) every ~l"8on against whom an order has been made under section loshall, if so requirec:l by the special court, allow his measure-j;nents and photo~apl\s to be taken by a police oftlcer ! ' " , takini meuul'ementa and photo graphs, etc, of persons against when an 1(1) dany person nferred 116 in ,,&'seetion (1) when required to' 10 allow his measurements or photographs to be taken resists or refuses tb allow the takini of sqch ~e~urement$ or photographs, it shall be lawful to use' au necessary tneans u; ~e the taking thereof , ~, ~'ia~ to or refus~ to allow the taking of measurementi (lr p~~ ~ sub'llectio;l1 (a) sba1l be deemed to be an offence order under section 10 is made 45 of 1860 15 unde~ ~~ 186 qt ~ ~ p@81 code (4) where ai\ orc;let under sectiqn 10 is revoked, an measurements (and photographs (including negatives) taken under sub-sectfon ~) shall be destroyed or made over to the person against whom such order is~~ 20 13 any person contravening an order of the special court made penalty under section 10 shall be punishable 'with imprisonment for a term which for nen, may extend to one year and with fine co11lpliace of ur un'" aecttoa 10 chapi'j:r iv &rcru co;l1rts25 14 for the purpose of providing for speedy trial, the state govern-special:' ment shall, with the concurrence of the chief justice of the high court, court by notification in the official gazette, specify for each di'atrict a court of session to be al special court to try the offences under this act 15 for every special court, the state government shad by notifica-30 tion in the official gazette, specify a public prosecutor or appoint lui advocate who bas been in praeti~e as an advocate! for not less than seved special public proee_ cutor y- 8peeial ~c· ~utor far tlae p1irljo$e of cqgducting c-id ~ , chaprer v )(jscellanllous35 22 of 1955 16 the- provisions of seeili!on· loa oft ute firoteetaoa 01 clvil bighu>· powell of, act, 1955 shall, so far' as may', apply tor th plirpg8ii all bdpdaitum· state and! ~tiiul, of, ~tilm finelulct fqr all other matte(s connected govem therewith under this act ment 10· imp<! collecti, fine preventive action to betaken by the law and brder machinery 17 (1) a district magistrate or a sub-divisional magistrate or iul1 other executive magistrate or any police officer not below the rank of deputy superintendent of police may on receiving lnfonnatioo and after such inquiry as he may think necessary, has reason to believe that a person or a grop of persons not belonging to the scheduled castes or the 5 scheduled tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or haj threatened to commit any offence under this act and it of the opinion that there is suftlcient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the 10 peace and good behaviour and maintenance of public order and trail quillity and may take preventive action (2) the provisons of chapters vill x and xi of the code shall, 90 far as may be, apply for the purposes of sub-section (1) (3) the state government may, by' notiftcatton in the ofbclal gazette, 15 make one or more schemes specifying the manner in wbieh the oftlcers referred to in sub-section (1) shall tab appropriate aetton speclflecl in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the scheduled cutes and the scheduled tribes 28 18 nothing in section 43'3 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this act section _ of the code not to apply to~ committinf an otrenee \d1der the act i' the provisions of section 380 of the code and the provisions of the probation of offenders act, 1958 shall not apply to any person above 2s 24' of 1"1 the age of eighteen years who is found guilty of having committed any offence under this act section 360 of the code or the , probati'on of offenders act not to apply to persons guilty of an offence under the act act to override othalaws zoo save as oti"erwise provided in this act, the provisions of this aet shall have effect notwithstanding anything inconsistent therewith c0ntained in any other law for the time being in force or any custom or 30 usage or any instrument having effect by virtue of any such law zl (1) subject to such rules 85 the central government may make in thi& bebah, tjae state gevenunent ihall tam such measures 88 iqy be deeeuary fer the eftectiw imp~tation of this act (2) in particular and without prejudiee to the ,aetajityof the fore 35 10idi provisions, such measures may inelude,-(i) the provision for adequate facinties, ineludilll l"1el ald, to duty of government to ensure effective implementation bf the act ,:the p,~ 'subjected to atroci~es to enable them to avail them- , selves of justice; ! (ii) the provisichl for traveuing and maintenance expenses to, witnesses, i,neludin~ the victim$ of atrocities during investigation and trial of offences 'under this' actj 5 (iii) the ptovisiol1 for the ~onomic and aoeialrehabilltation of the' victims of tbeatrocities i (iii) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the pro~j­sions of this act; 10 (v) the ~etting up of committees at such appropriate levels as the state government may think fit to assist that government in formulation or implementation of such measures; (vi) provision for a periodic survey of the woitdng of the pro-15 visions of this act with a view to suggesting measures' for the hettel" implementation of the provisions of this act; (vii) the identification 0: the areas where the members of the' scheduled ca"tes an(~1 the seheduled tribes are likely to be subjected to atrocities and adoption of such measure'! so as to ensure safety for 20 such members (3) the central government shan take such steps as may be necessary to co-ordinate th~ measures taken by the state governments under fiub-sectjon (1) (4) the central government shall, every year, place on the table 25 of each house of parliament a report on the measures taken by itself and by the state governments in pursuance of the provisions of this section ; 22 no suit, prosecution or other legal proceedings shall lie against the central government or against the state government or any officer or authority of government or any other perosn for anything 30 which is in good faith done or intended to be done under\ this act protection of action taken in good faith u (1) the central government may by notification in the official gazette, make rules for carrying out the pwposes of this act power to make rulel!l (2) every rule made under this act shall be laid, as soon as may be 35 alter it is made, before each house of parliament, while it is in ~ession 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 o both houes'- agree that the rule should not be made, the rule shall there-4 after 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 despite varioul measures to improve the socio-economic conditions of the scheduled castes and the scheduled tribes they remain vulnerable they are denied number of civil rights they are subjected to various offences indignities, humiliations and harassment 'nley have, in several brutal incidents, been deprived of their life and property serious crimes are committed against them for various historical, social and economic reasons 2 because of the awareness created amongst the scheduled castes and the scheduled 'i7ribes through spread of education, etc, they are trying to usert their rights and this is not being taken very kindly by the others when they assert their rights and resat practices of untouchab!lity against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them when the scheduled castes and the scheduled tribes try to preserve their self-respect or hon(1uj' of their women they become irritants for the dominant and the mighty occupation and cultivation of even the government allotted land by the scheduled castes and the scheduled tribes is resented and more often these people become victims of attacks by the vested interests of late there has been an increase in the disturbing trend of commission of certain atrocities like making the scheduled castes persons eat inedible substances like human excreta and attacks on and mass killings of helpless scheduled castes and scheduled tribes and rape of women belonging to the scheduled castes and the scheduled tribes under the circumstances, the existing laws like the protection of civil rights act, 1955 and the normal provisions of the indian penal code have been found to be inadequate to check these crimes a special legislation to check and deter crimes against them committed by non-scheduled castes and non-scheduled tribes has, therefore, become necessary 3 the term 'atrocity' has not been defined so far it is considered necessary that not only the tenn 'atrocity' should be defined but stringent measures should be introduced to provide for higher punishments for committing such atrocities it is also proposed to enjoining on the states and the union territories to take specific preventive and punitive measures to protect the scheduled castes and the scheduled tribes fl'orn being viclimised and where atroe1ties are committed, to provide adequate relief and assistance to· rehabilitate them 4 the bill seed to achieve the above objects n£1n dahl; dr rajendra kumari bajpal the 7th a uguat, 1988 clause 15 of the bill provides for the appointment of special public proseeutw from amongst the advocates also by the state governments sub-clause (1) of clause 21 of the bill provides that the state governments shall take such measures as may be necessary for the effective implementation of the provisions of the bill after it is enacted subclause (2) of the said clause, inter alia, provides for the following mealures, namely:-(a) payment ot travelling and maintenance expenses to witnesses including the victims of atrocities during investigation and trial of atrocities; (b) facilities for economic and social rehabilitation of the victims; (c) appointments of officers for initiating or exercising supervision over prosecution (d) setting up of committees to assist the government in formulation and implementation of such measures it is not possible, at this stage, to make accurate estimate of the amount which may be required to make the aforesaid appointments and to provide for various measures according to the present estimate, it is expected to be around rs 5 crores per annum the central government shall bear the entire expenses of the union territories which may be estimated at around rs 25 lakhs '!be expenditure of the central government shall be from the consolidated fund of india the provisions of the bill do not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (3) of clause 171 of the bill empowers a state government to make a scheme or schemes the said sub-clause enumerates the matters with respect to which the scheme may be made 'iule matters inter alia, relate to prevent atrocities and to restore a feeling of security amongst the members of the scheduled castes and the scheduled ~~ i 2 clause 23 of the bill empowers the central government to make rules to give effect to the previsions of the bill when enacted the rules, if any, will be confined to matters of procedure and othe~ matters of minor detail including enforcement of the various provisions included in the bill 3 as such the proposed· delegation of lesislative powers is of a normal character i ! ; , a billto prevent the _ of ofredces of atrocitiea agaidat the membeaf of the scheduled cutes and the scheduled tribes, td provtcie far special courta for the trial of such ojfencea add: for the reltef and rehabilitation of the victims of such ojrenct!l and for matters conneet-· eel theretrith cji' idcldedtal thereto (dr jt&jend, lcum&ti baj/'td jftftllmr c1j scaee of the ~ 01 wei,,,

Parliament_bills

b4216ccd-ef4f-535e-bb65-39a9e3293b0d

bill no lxx of 2008 the nagaland legislative council bill, 2008 a billto provide for the creation of legislative council for the state of nagaland and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the nagaland legislative council 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, each of the words and expressions used herein and not defined,—43 of 1950(a) but defined in the representation of the people act, 1950, shall have thesame meaning as in that act; and10 of 1897(b) the rest shall have the same meaning as in the constitution of india read withthe general clauses act, 18973 immediately upon the commencement of this act,(i) there shall be a legislative council for the state of nagaland;| creation | of ||-----------------------|------|| l e g i s l a t i v e | || council | for || nagaland | |(ii) in article 168, in sub-clause (a) of clause (1) after the words "karnataka", the word "nagaland" shall be inserted; and43 of 1950 43 of 1951(iii) steps shall be taken to constitute the legislative council for the state of nagaland in accordance with the provisions of the representation of the people act, 1950 and the representation of the people act, 1951 and subject to the provision of this act4 the legislative council of the state of nagaland, so created shall have forty members, of which,—composition of legislative council innagaland(i) twenty shall be elected by the members of the legislative assembly of nagaland from amongst those who are not members of the said legislative assembly; and(ii) twenty shall be nominated by the governor on the advice of the council of ministers of nagaland which shall be binding on the governor, of which—(a) sixteen shall be, one each from the sixteen major tribes in the state of nagaland, as enumerated in the schedule to this act; and(b) four shall be from other minor tribes in nagaland43 of 19505 in section 10 of the representation of the people act, 1950, in sub- section (2), the following proviso shall be inserted, namely,—amendment to representation of the people act, 1950"provided that the allocation of seats in the legislative council of nagaland shall be as specified in section 4 of the nagaland legislative council act, 2008"6 in the representation of the people act, 1951,—43 of 1951(1) after section 15a, the following section shall be inserted, namely,—amendment to representation of the people act, 1951"15b notification for elections to legislative council of nagaland— for the purpose of constituting the legislative council of the state of nagaland under the nagaland legislative council act, 2008, the governor of nagaland shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon the members of the legislative assembly of the state and the council of ministers in nagaland, to elect or nominate members, as the case may be, in accordance with the said act and with the provisions of this act and the rules and orders made thereunder"(2) after section 16, the following section shall be inserted namely;—"16a notification for biennial election to legislative council of nagaland— for the purpose of filling the seats of members of the legislative council of nagaland retiring on the expiration of their term of office, the governor, shall, subject to the proviso to section 16 of this act, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission call upon the members of the legislative assembly of the state and the council of ministers in nagaland to elect members in accordance with the provisions of the nagaland legislative council act, 2008 and the rules and orders made thereunder" schedule[see section 4(ii) (a)]1angami 2ao 3chakhesang 4chang 5kachari 6khiamniungan 7konyak 8kuki 9lotha10phom 11pochuri 12rengma 13sangtam 14sumi 15yimchunger 16zeliang statement of objects and reasonsnagaland is fully a tribal state with sixteen major tribes and other minor tribes the unique culture and history of nagaland embodies in it a tribal spirit of special nature with inherent democratic features, which can hardly be four-cornered into constitutional laws but can appreciably discerned from the naga customs, heritage and usages the constitution of india, substantially, recognizes this in article 371-a the democratic spirit and heritage of the nagas rest on deep-rooted ethnic, cultural, historical, sociological and territorial foundations of several centuries of naga civilization it may however be sadly noticed that this spirit of democracy amongst the nagas had gone untapped for a long timethe period from 2003 to 2008 saw in nagaland a state government totally committed to peace, progress and development in appropriate realization of the nagas' aspirations, ambitions and attempts at self-development through the invocation of the spirit of those inherent democratic features of the naga society as part of that effort, the nagaland legislative assembly passed a resolution under article 169(1) of the constitution of india for creation of a legislative council in the state of nagaland to broad-base constitutional structure for promotion of democracy in the statecreation of second chambers in the states in now an optional constitutional exerciseeven if a state assembly passed a resolution for creation of a legislative council, the effectuation of that resolution depends upon the union government nagaland had passed the resolution for creation of a legislative council way back on the 19th august, 2005, the legislative council for nagaland is yet to be createdthe problems of the states in the north east india are peculiar to the region and more compounded by the snail-paced responses to the genuine demands of the people of that region in order to deep-root and broad-base democracy which is the top most priority in the states in the north east in the generally vitiated atmosphere of disruption to peace and order in that region, it is imperative that the constitution is amended to provide for bicameral legislatures specially for the states in the north east india, to preserve, formalize, contain and continue the age old democratic wisdom of the tribal societies, in the form of constitutionally sanctioned legislative councils, not as an option as at present, but as a necessity until that time, this bill seeks to achieve the said object by creating a legislative council for nagaland in pursuance of the resolution of the assembly passed under article 169(1) of the constitution of india, on the 19th august, 2005khekiho zhimomi annexure-i extracts from the constitution of india 168 constitution of legislatures in states—(1) for every state there shall be a legislature which shall consist of the governor, and—(a) in the states of bihar, maharashtra, karnataka and uttar pradesh, two houses; (b) in other states, one house(2) where there are two houses of the legislature of a state, one shall be known as the legislative council and the other as the legislative assembly, and where there is only one house, it shall be known as the legislative assembly annexure-ii extracts from the representation of the people act, 1950 10 allocation of seats in the legislative councils—(1) the allocation of seats in the legislative councils of the states having such councils shall be as shown in the third schedule(2) in the legislative council of each state specified in the first column of the third schedule, there shall be the number of seats specified in the second column thereof opposite to that state, and of those seats,—(a) the numbers specified in the third, fourth and fifth columns shall be the number of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;(b) the number of specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the legislative assembly of the state from amongst persons who are not members of that assembly; and(c) the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the governor of the state in accordance with the provisions of clause (5) of article 171 annexure-iii extracts from the representation of the people act, 1951 15a notification for certain election to legislative councils—for the purpose of constituting the legislative council of the state of madhya pradesh under the states reorganisation act, 1956 (37 of 1956), and constituting the legislative council of the state of andhra pradesh under the legislative councils act, 1957 (37 of 1957), the governor of each of the aforesaid states shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon the members of the legislative assembly of the state and all the council constituencies to elect members in accordance with the provisions of this act and of the rules and orders made thereunder16 notification for biennial election to a state legislative council—for the purpose of filling the seats of members of the legislative council of a state retiring on the expiration of their term of office, the governor shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission call upon the members of the legislative assembly of the state and all the council constituencies concerned to elect members in accordance with the provisions of this act and of the rules and orders made thereunder:provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire ———— a billto provide for the creation of legislative council for the state of nagaland and for matters connected therewith and incidental thereto————(shri khekiho zhimomi, mp)gmgipmrnd—4771rs(s-5)—29-12-2008

Parliament_bills

fa30faff-395e-5224-800e-2395b7c5ae36

bill no 35 of 2018 the right of children to free and compulsory education (amendment) bill, 2018 by shri nishikant dubey, mp a billfurther to amend the right of children to free and compulsory education act, 2009be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the right of children to free and compulsory education(amendment) act, 20185(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 235 of 20092 in the right of children to free and compulsory education act, 2009 (hereinafter referred to as the principal act), in section 2,—eighteen years" shall be substituted;(b) in clause (n), after the word "imparting", the words "pre-school education and" shall be insertedamendment of section 33 in section 3 of the principal act, for the words "six to fourteen years", the words"three to eighteen years" shall be substituted5amendment of section 44 in section 4 of the principal act, for the words "child above six years of age", the words "child above three years of age" shall be substitutedamendment of section 85 in section 8 of the principal act, in clause (a), for the explanation the following shall be substituted namely:—10''explanation— the term "compulsory education'' means obligation of the appropriate government to—(i) provide free pre-school education and elementary school education to every child of the age of three to eighteen years; and(ii) ensure compulsory admission, attendance and completion of pre-school education and elementary education by every child of the age of three to eighteen years"15amendment of section 96 in section 9 of the principal act, in clause (d) for the words ''up to the age of fourteen years'', the words ''up to the age of eighteen years'' shall be substituted statement of objects and reasonsindia being the signatory to the united nations convention on the rights of the child(uncrc), had committed to article 28 of the uncrc, made it incumbent on the state to provide elementary education compulsory and free to all the foundation of schooling is laid in the early years between the ages of three to six years these early years are regarded as the foundation years and critical for mental and emotional development of a child the age group is significant for brain development and sets the foundation for sound and basic learning in later years hence, it is proposed that minimum age of childern is to be reduced from six to three years so that this important age group is covered under the right of children to free and compulsory act, 2009 moreover, the existing school system in our country consists from elementary to plus two, accordingly, the maximum age of children for free and compulsory education be enhanced from fourteen to eighteen yearshence, this billnew delhi;nishikant dubeyjanuary 23, 2018 financial memorandumsection 7 of the principal act makes it obligatory for the central and state governments to provide funds for carrying out provisions of the act the proposed amendments as given in clauses of the bill lowers the entry level age from 6 to 3 years and increases the maximum age limit from 14 to 18 years of every child for free and compulsory education, thereby increasing the financial burden of the central government the bill, if enacted, would involve additional expenditure from the consolidated fund of india and it is very difficult to estimate the expenditure at this juncture as the same would depend upon the number of students added by the proposed amendment of the actno non-recurring expenditure is likely to be involved annexure extracts from the right of children to free and compulsory education act, 2009 (act no 35 of 2009) definitions2 in this act, unless the context otherwise requires,— (c) "child" means a male or female child of the age of six to fourteen years; (n) "school" means any recognized school imparting elementary education and includes— 3 (1) every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary educationright of child to free and compulsory education 4 where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age: special provisions for children not admitted to, or who have not completed, elementary education8 the appropriate government shall—(a) provide free and compulsory elementary education to every child:duties of appropriate government explanation—the term "compulsory education" means obligation of the appropriate government to—(i) provide free elementary education to every child of the age of six to fourteen years; and(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years; 9 every local authority shall—duties of local authority (d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed; ———— a billfurther to amend the right of children to free and compulsory education act, 2009————(shri nishikant dubey, mp)mgipmrnd—3954ls(s3)—07-02-2018

Parliament_bills

d4507bdb-a365-5ffb-b6dd-68638c17e727

the rajiv gandhi national institute of youth development bill, 2011———— arrangement of clauses———— chapter i preliminaryclauses1short title and commencement2declaration of rajiv gandhi national insitute of youth development as an institutionof national importance3definitions chapter ii rajiv gandhi national institute of youth development 4 incorporation of institute 5 effect of establishment of institute 6 objects of institute 7 functions of institute 8 institute to be open to all races, creeds, gender and classes 9 teaching at institute 10 visitor chapter iiiauthorities of the institute11authorities of institute12establishment of executive council13terms of office of, vacancies among, and allowances payable to members of executive council14meetings of executive council15powers and functions of executive council16academic council17functions of academic council18finance committee19functions of finance committee20other authorities chapter iv officers of the institute 21 officers of institute 22 director 23 registrar 24 other officers chapter v finance, accounts and audit clauses25grants by central government26fund of institute27endowment or other funds28accounts and audit29pension and provident fund30appointment of staff of institute31power to make statutes32statutes how to be made33power to make ordinances34ordinances how to be made35conduct of business by authorities of institute36tribunal of arbitration chapter vi miscellaneous 37 acts and proceedings not to be invalidated by vacancies38grant of degrees, etc, by institute39sponsored schemes40meetings of academic council and finance committee41power of central government to give directions to institute42protection of action taken in good faith43power to make rules44statutes, ordinances and notifications to be published in official gazette and to be laidbefore parliament45power to remove difficulties46transitional provisions bill no 130 of 2011 the rajiv gandhi national institute of youth development bill, 2011 a billto declare the institution known as the rajiv gandhi national institute of youth development, to be an institution of national importance and to provide for its incorporation and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary2 whereas the objects of the institution known as the rajiv gandhi national institute of youth development are such as to make the institution one of national importance, it is hereby declared that the institution known as the rajiv gandhi national institute of youth development is an institution of national importancedeclaration of rajiv gandhi national institute of youth development as an institution of national importance definitions3 in this act, unless the context otherwise requires,—5(a) "academic council" means the academic council of the institute; (b) "appointed day" means the date appointed under sub-section (2) of section 1for coming into force of this act;(c) "chairperson" means a chairperson to the executive council referred to in clause (a) of sub-section (2) of section 12;10(d) "director" means the director of the institute referred to in clause (a) of section 21;(e) "executive council" means the executive council of the institute established under section 12;1521 of 1860 3 of 1956(f) "existing institute" means the rajiv gandhi national institute of youth development, sriperumbudur, established under the provisions of the society registration act, 1860 and declared as deemed to be a university under section 3 of the university grants commission act, 1956, and which is in existence immediately before the commencement of this act;(g) "fund" means the fund of the institute to be maintained under section 26;20(h) "institute" means the rajiv gandhi national institute of youth development incorporated under section 4;(i) "notification" means the notification published in the official gazette; (j) "prescribed" means prescribed by rules made under this act; (k) "registrar" means the registrar of the institute referred to in section 23;25(l) "statutes" and "ordinances" mean the statutes and ordinances of the institute made under this act chapter ii the rajiv gandhi national institute of youth development30incorporation of institute4 (1) the rajiv gandhi national institute of youth development 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 sued35(2) the first chairperson, the first director and the first members of the executive council and the academic council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the institute40 (3) the headquarters of the institute shall be in the district of kanchipuram, in the state of tamil nadu(4) the institute may establish and maintain centres at such other places in india as it may deem fit5 on and from the appointed day and subject to other provisions of this act,—effect of establishment of institute(a) any reference to the existing institute in any contract or other instrumentshall be deemed as a reference to the institute;(b) all property, movable and immovable, of or belonging to the existing instituteshall vest in the institute;5(c) all rights and liabilities of the existing institute shall be transferred to, and bethe rights and liabilities of, the institute; and10(d) every person employed by the existing institute immediately before theappointed 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 do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes:15 20provided that if the alteration so made is not acceptable to such employee, hisemployment 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 a compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employees6 the objects of the institute shall be,—objects of institute(a) to evolve and achieve an integrated approach to youth development; (b) to establish a national youth resource centre;25(c) to provide for research and development and dissemination of knowledgethrough extension and outreach programmes;(d) to act as a nodal agency for capacity building of stakeholders including youth bodies, organisations and agencies relating to youth;(e) to empower youth to participate in inclusive development and nation building;30(f) to evolve as an institute of advanced study in the field of youth and todevelop such professional excellence as may be required for the purpose;(g) to provide for higher education in the field of youth development throughemployment-oriented and inter-disciplinary courses at the post graduate level7 without prejudice to the provisions contained in section 6, the institute shall,—functions of institute35(a) develop a "think tank" by way of carrying out policy research, evaluationand impact analysis on youth programmes and issues of contemporary and future relevance;(b) function as a repository of knowledge pertaining to data on youth;40(c) develop documentation, information and publication services for youth training and extension;(d) provide technical advice and consultancy for formulation of youth related policy and promotion of youth programme;(e) build the professional capacity of youth organisations, both in government and voluntary sector;| (f) | design, develop and conduct appropriate training and orientation ||---------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|| programmes; | || (g) | conduct seminars, workshops and conferences on issues relating to youth; || (h) | set up centres for dissemination of academic and training programmes; || 5 | || (i) | collaborate with national and international university, centres, institutes || and such other agencies relating to youth training and youth development; | || (j) | establish programmes of study and research and to provide for instruction || in such branches of study as the institute deems appropriate; | || 10 | || (k) | award, subject to such conditions as the institute may determine, degrees, || diplomas, certificates or other academic distinctions or titles at various academic | || levels; | || ( | l || prizes and medals; | || (m) | determine, demand and receive fees and other charges for its courses, || programmes and other matters; | || 15 | || (n) | conduct and coordinate projects and studies relating to youth sponsored || by the government of india and other developmental agencies; | || (o) | create with the prior approval of the central government, academic, technical, || administrative, managerial and other posts in the institute and make appointments | || thereto in accordance with the rules and regulations of the institute; | || 20 | || (p) | regulate the conduct of the affairs of the institute; || (q) | supervise and control the discipline of all categories of employees and || students of the institute; | || (r) | purchase, hire, lease, exchange or acquire property, movable or immovable || and to construct, alter and maintain any building or buildings as may be necessary; | || 25 | || (s) | to undertake, assist and promote all such activities conducive or incidental || to the attainment of the objectives | || 30 | || 8 | ( || caste or class, physical ability, and no test or condition shall be imposed as to religious | || belief or profession in admitting students, appointing teachers or employees or in any | || other connection whatsoever | || institute to be | || open to all | || races, creeds, | || gender and | || classes | |(2) no bequest, donation or transfer of any property shall be accepted by the institute which in the opinion of the executive council involves conditions or obligations opposed to the spirit and object of this section35teaching at institute9 all teaching and other academic activities at the institute shall be conducted by orin the name of the institute in accordance with the statutes and ordinances made in this behalfvisitor10 (1) the president of india shall be the visitor of the institute:40provided that the president may, by order, nominate any person to be the visitor andsuch person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the visitor(2) the visitor may, from time to time, appoint one or more persons to review the workand 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 within reasonable time chapter iii 5 authorities of the institute11 the institute shall consist of the following authorities, namely:—authorities of institute(a) the executive council; (b) the academic council; and10(c) such other authorities as may be declared by the statutes to be the authoritiesof the instituteestablishment of executive council12 (1) with effect from such date as the central government may, by notification appoint in this behalf, there shall be established for the purpose of this act, a central body to be called as the executive council(2) the executive council shall consist of the following members, namely:—15(a) an eminent person of academic repute to be nominated by the visitor—chairperson;(b) an eminent person in the field of youth development to be nominated bythe visitor—vice-chairperson;20(c) secretary, department of youth affairs, ministry of youth affairsand sports—ex officio member;(d) joint secretary, department of youth affairs, ministry of youth affairs andsports—ex officio member;(e) director, rajiv gandhi national institute of youth development—ex officiomember;25(f) joint secretary and financial adviser, ministry of youth affairsand sports—ex officio member;(g) professor from rajiv gandhi national institute of youth development onrotation—member;30(h) one eminent sports personality to be nominated by the centralgovernment—member;(i) one head from an academic institution to be nominated by the centralgovernment—member;35(j) one representative from the industry to be nominated by the centralgovernment from the federation of indian chamber of commerce and industry or confederation of indian industry by the central government—member;(k) the registrar, rajiv gandhi national institute of youth development—member secretary40(3) while nominating the members of the executive council under sub-section (2)due representation shall be given to women, different regions of the country, and weaker sections of the community and differently abled persons13 (1) the term of office of every member of the executive council shall be for a period of three years from the date of his nomination:provided that the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a memberterms of office of, vacancies among, and allowances payable to members of executive council(2) the term of office of a member nominated to fill a casual vacancy shall be for the remainder of the term of the member in whose place he has been nominated5(3) 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 or until the expiry of one year, whichever is earlier(4) the members of the executive council, other than ex officio members, shall be paid such travelling and other allowances as may be provided by the statutes14 (1) the chairperson shall ordinarily preside at the meetings of the executive council and at the convocation of the institute:meetings of executive council10 provided that, in his absence, the vice-chairperson of the executive council shall preside at the meetings of the executive council(2) it shall be the duty of the chairperson to ensure that the decisions taken by the executive council are implemented(3) the chairperson shall exercise such other powers and perform such other duties as are assigned to him by this act15(4) the executive council shall meet at least four times in a year and follow such procedure, in its meetings (including quorum at such meetings) as may be provided by the statutes20powers and functions of executive council15 (1) subject to the provisions of this act, the executive council shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall also exercise the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the academic council and finance committee(2) without prejudice to the provisions of sub-section (1), the executive council shall—25(a) take decisions on questions of policy relating to the administration andworking of the institute;(b) lay down policy regarding the duration of the courses, nomenclature of thedegrees and other distinctions to be conferred by the institute;30(c) institute courses of study and lay down standards of proficiency and otheracademic distinctions in respect of the courses offered by the institute;(d) lay down, with prior approval of the central government policy regardingthe 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;35(e) guide resource mobilisation of the institute and to lay down policies forutilisation;(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) make statutes and to alter, modify or rescind the same;40(h) consider and pass resolutions on annual report, annual accounts and thebudget 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, not specifically covered under clauses (a) to (h), as may be necessary, incidental or conductive to the attainment of all or any of the powers under this section (3) the executive council shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act5(4) the executive council may, by a specific resolution to this effect, delegate any of its powers and duties to the chairperson, 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 authorityacademic council16 (1) the academic council shall be the principal academic body of the institute and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the institute10(2) the constitution of the academic council, the term of office of its members and its powers shall be such as may be provided by the statutes15(3) while nominating the members of the academic council due representation shall be given to women, different regions of the country, weaker sections of the community and differently abled personsfunctions of academic council2017 subject to the provisions of this act, the statutes and the ordinances, the academic council shall have the control and general regulation, and be responsible for the framing of the ordinances, 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 statutesfinance committee18 (1) there shall be a finance committee of the institute which shall be the principal financial body of the institute(2) the constitution of the finance committee, the term of office of its members and its powers shall be such as may be provided by the statutes25(3) while nominating the members of the academic council due representation shall be given to women, different regions of the country, weaker sections of the community and differently abled persons19 the finance committee shall perform the following functions, namely:—functions of finance committee30(a) to scrutinise the accounts and budget estimates of the institute and to makerecommendations to the executive council;(b) to scrutinise the proposals for new expenditure on account of major workson purchases;(c) to scrutinise re-appropriation statements and audit notes and makerecommendations thereon to the executive council;35(d) to review the finances of the institute from time to time and have concurrentaudit conducted whenever necessary; and(e) to give advice and make recommendations to the executive council on anyfinancial questions affecting the affairs of the instituteother authorities4020 the constitution, powers and functions of the other authorities, as may be declared by the statutes to be authorities of the institute, shall be such as may be provided by the statutes chapter iv officers of the institute21 the institute shall consist of the following officers, namely:—officers of institute45(a) the director;(b) the registrar; and (c) such other officers as may be declared by the statutes to be the officers of the institutedirector522 (1) the director of the institute shall be appointed by the visitor for a period ofthree years in the manner specified in sub- sections (2) and (3) on such terms and conditionsof service as may be provided 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 appointed day10(2) the director shall be appointed by the visitor from a panel of three persons withoutstanding academic qualifications as recommended by a search committee constituted by the central government for that purpose(3) the search committee referred to in sub-section (2) shall consist of three members, one each to be nominated by the executive council, the central government and the visitor15(4) the director shall be the principal academic and executive officer of the instituteand shall be responsible for the proper administration and academic performance of the institute and for imparting of instruction and maintenance of discipline therein(5) the director shall submit annual reports and accounts to the executive council20(6) the director shall exercise such other powers and perform such other duties asmay be assigned to him by the act, the statutes and the ordinancesregistrar23 (1) the registrar of the institute shall be appointed in such manner and on suchterms and conditions as may be provided by the statutes and shall be the custodian of records, common seal, the funds of the institute and such other property of the institute as the executive council shall commit to his charge25(2) the registrar shall act as the member-secretary of the executive council, theacademic council and such committees as may be provided by the statutes(3) the registrar shall be responsible to the director for the proper discharge of his functions| ( ||----------------------------------------------------------------------|| may be assigned to him by this act, the statutes or by the director || 30 |24 the manner of appointment, emoluments, powers and duties of the other officers of the institute shall be such as may be provided by the statutesother officers chapter v finance , accounts and audit35grants by central government25 the central government may, after due appropriation made by parliament by lawin this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit for being utilised for the purposes of this act26 (1) the institute shall maintain a fund to which shall be credited—fund of institute(a) all monies provided by the central government;40(b) all fees and other charges levied and collected by the institute; (c) all monies received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and(d) all monies received by the institute in any other manner or from any other source (2) all monies credited to the fund shall be deposited in such banks or invested in such manner as may be decided by the executive council5(3) the fund shall be applied towards meeting the expenses of the institute includingexpenses incurred in the exercise of its powers and discharge of its duties under this act27 without prejudice to the provisions contained in section 26, the institute may,—endowment or other funds(a) set up an endowment fund with an amount of one hundred crore rupees to be maintained in the public account and any other fund for a specified purpose; and10(b) transfer monies from its fund to the endowment fund or any other fundaccounts and audit28 (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 india15(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india20(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor- general of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute25(4) the accounts of the institute as certified by the comptroller and auditor-generalof 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 parliament30pension and provident fund29 (1) the institute shall constitute for the benefits of its employees, including the director, such pension, insurance and provident fund scheme as it may deem fit, in such manner and subject to such conditions as may be provided by the statutes19 of 1925(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 fund35appointment of staff of institute30 all appointments of the staff of the institute, except that of the director, shall be made with prior approval of the central government and in accordance with the procedure laid down in the statutes,—40(a) by the executive council, 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 nonacademic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of an assistant professor; and(b) by the director, in any other case31 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—power to make statutes(a) the formation of departments of teaching and other academic units;45(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 chairperson, the director, the registrar and such other officers as may be declared as officers of the institute by the statutes;5(d) the constitution, powers and duties of the authorities of the institute referredin clause (c) of section 11;(e) the delegation of powers vested in the authorities or officers of the institute; (f) the code of conduct, disciplinary actions thereto for misconduct includingremoval from service of employees on account of misconduct and the procedure for appeal against the actions of an officer or authority of the institute;10(g) the conferment of honorary degrees; (h) the establishment and maintenance of halls, residences and hostels; (i) the authentication of the orders and decisions of the executive council; (j) any other matter which by this act is to be, or may be, provided by thestatutes15statutes how to be made32 (1) the first statutes of the institute shall be framed by the central government with the approval of the visitor, and a copy of the same shall be laid as soon as may be, after it is made, before each house of parliament20(2)without prejudice to the provisions contained in sub-section (1), the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided(3) a new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold such assent or remit it to the executive council for consideration25(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 visitor33 subject to the provisions of this act and the statutes, the ordinances of the institute may provide for all or any of the following matters, namely:—power to make ordinances(a) the admission of the students to the institute;30(b) the reservation in admission to various courses or programmes of the institutefor the scheduled castes, the scheduled tribes and other categories of persons;(c) the courses of study to be laid down for all degrees, diplomas and certificatesawarded by the institute;35(d) the conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and the eligibility conditions for awarding the same;(e) the conditions of award of fellowships, scholarships, exhibitions, medalsand prizes;(f) the conditions and manner of appointment and duties of examining bodies,examiners and moderators;40(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 admissionto 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; and5(k) any other matter which by this act or the statute is to be, or may be,provided by the ordinances34 (1) save as otherwise provided in this section, ordinances shall be made by the academic councilordinances how to be made10(2) all ordinances made by the academic council 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 executive council and shall be considered by the executive council at its next succeeding meeting(3) the executive council 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 be15conduct of business by authorities of institute35 the authorities of the institute may have their own rules of procedure, consistentwith the provisions of this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinancestribunal of arbitration2036 (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 shall be final and shall not be questioned in any court25(3) no suit or proceeding shall lie in any court in respect of any matter, which isrequired by 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 contained in any law for the time being in force relating to arbitration shall apply to arbitrations under this section chapter vi30 miscellaneous37 no act of the institute or executive council or academic council or any other body set up under this act or the statutes, shall be invalid merely by reason of—(a) any vacancy in, or defect in the constitution thereof; oracts and proceedings not to be invalidated by vacancies35(b) any defect in the election, nomination or appointment, of a person acting asmember thereof; or(c) any irregularity in its procedure not affecting the merits of the casegrant of degrees, etc, by institute3 of 19564038 notwithstanding anything contained in the university grants commission act,1956 or 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:provided that the nomenclature of any degree to be granted by the institute shall be notified by the university grants commission with the prior approval of the central governmentsponsored schemes539 notwithstanding anything contained in this act, whenever the institute receivesfunds 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, to be executed or endowed at the institute,—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for the purpose of the scheme:10provided that any money remaining unutilised under this clause shall be transferredto the endowment fund set up under section 27; and(b) the staff required to execute the same shall be recruited in accordance withthe terms and conditions stipulated by the sponsoring organisation with prior approval of the central government:15provided that the principles laid down in the general financial rules, 2005 shall befollowed for approval of sponsored schemes funded by the central government40 the academic council and the finance committee shall meet at such times andfollow such procedure, in its meetings (including quorum at such meetings) as may be provided by the statutesmeetings of academic council and finance committee2041 (1) the central government may give such directions, as it may deem necessary,to the institute for the effective administration of this act and the institute shall comply with such directionspower of central government to give directions to institute25(2) in case of dispute between the institute and the central government, in connectionwith the exercise of its powers and discharge of its functions by the institute under this act, the decision of the central government on that dispute, shall be finalprotection of action taken in good faith42 no suit or other legal proceedings shall lie against any officer or employee of theinstitute for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances30power to make rules 43 (1) the central government may, by notification, make rules to carry out theprovisions of this act(2) in particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—(a) the form and manner in which the books of account of the institute shall bemaintained under sub-section (1) of section 28;35(b) any other matter which is required to be, or may be, prescribed44 (1) every rule made by the central government and every statute and every ordinance made or notification issued under this act shall be published in the official gazette40statutes, ordinances and notifications to be published in official gazette and to be laid before parliament45(2) every rule made by the central government, every statute and every ordinance made or notification issued under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the 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 notification5(3) the power to make the statutes, ordinances or notifications shall include thepower to give retrospective effect from a date not earlier than the date of commencement of this act, to the statues, ordinances, notifications or any of them but no retrospective effect shall be given to any statutes, ordinance or notification so as to prejudicially affect the interests of any person to whom such statute, ordinance or notification may be applicable10power to remove difficulties45 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions or give such directions not inconsistent with the provisions of this act, as appears it to be necessary or expedient for removing the difficulty:provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act15 (2) every order made under this section shall be laid, as soon as may be after it ismade, before each house of parliament46 notwithstanding anything contained in this act,—transtional provisions20(a) the advisory board and the executive council of the existing institute functioning as such immediately before the commencement of this act shall continue to so function until an executive council is constituted for the institute under this act, but on the constitution of a new executive council under this act, the members of the advisory board and executive council holding office before such constitution shall cease to hold office; and25(b) until the first statutes and the ordinances are made under this act, thestatutes and the ordinances of the existing institute, or notification as in force, immediately before the commencement of this act, shall continue to apply to the institute in so far as they are not inconsistent with the provisions of this act statement of objects and reasonsthe rajiv gandhi national institute of youth development was established at sriperumbudur in the state of tamil nadu in march, 1993 by the government of india as a society registered under the societies registration act, 1860 with an objective of undertaking advanced study and applied research in the field of youth related activities and to function as a resource agency for youth programmes, policies and implementation strategies2 the rajiv gandhi national institute of youth development is an autonomous organisation under the ministry of youth affairs and sports and is fully funded by the government of india the said institute is the nodal agency for youth training, youth work and youth development in the country for rural and urban youth the institute is also functioning as a centre for documentation, information and publication pertaining to youth development and provides institutional training for the personnel working in the field of youth3 the university grants commission team visited the institute on the3rd and 4th september 2008, and recommended for conversion of the rajiv gandhi national institute of youth development as a deemed-to-be university under section 3 of the university grants commission act, 1956 accordingly, the ministry of human resource development issued a notification on the 23rd october, 2008 granting the institution deemed-to-be university status under the university grants commission act, 19564 the national youth commission report, 2002, commissioned by the government of india, highlighted that the rajiv gandhi national institute of youth development as the premier national institute should offer academic courses and research facilities for the youth programmes and functionaries so that there would be cadre of competent professionals for youth development the planning commission in its 11th five year plan report advised that the rajiv gandhi national institute of youth development should be developed as an apex institution with the status of national youth university in the country5 the ministry of youth affairs and sports constituted a mentor group on the28th march, 2011 with the terms of reference to convert the rajiv gandhi national institute of youth development at sriperumbudur into an institution of national importance by an act of parliament while examining the functioning of the existing institute, the mentor group recommended that the conversion of the present institute into an institution of national importance was imperative for addressing the vital needs and challenges of youth development in the country6 in view of the above, it has been proposed to make a legislation titled as the "rajiv gandhi national institute of youth development bill, 2011" which, inter alia, provides for the following, namely:—(a) declare the rajiv gandhi national institute of youth development as an institution of national importance;(b) incorporate the rajiv gandhi national institute of youth development and to transfer all properties, rights and liabilities of the existing institute to the rajiv gandhi national institute of youth development;(c) the institute shall discharge the following objects and functions, namely:--(i) to evolve as an institute of advanced study in the field of youth and achieve an integrated approach to youth development;(ii) to undertake action and applied research in the field of youth related activities;(iii) to empower youth to participate in inclusive development and nation building;(iv) to provide for higher education in the field of youth developmentthrough employment-oriented and inter-disciplinary courses at the post graduate level;(v) to carry out policy research, evaluation and impact analysis on youthprogrammes and issues of contemporary and future relevance;(vi) to function as a repository of knowledge pertaining to data on youth; (vii) to build the professional capacity of youth organisations, both ingovernment and voluntary sector;(d) the institute shall be open to all races, creeds, gender and classes; (e) the president of india shall be the visitor of the institute; (f) the authorities of the institute shall be the executive council, the academic council and such other authorities as may be declared by the statutes;(g) the officers of the institute shall be the director, the registrar and such other officers as may be declared by the statute;(h) the statutes of the institute shall be made by the "executive council"; (i) the ordinances of the institute shall be made by the "academic council"; (j) refer the disputes between the institute and its employees to a "tribunal of arbitration" for resolution 7 the notes on clauses explain in detail the various provisions contained in the bill 8 the bill seeks to achieve the above objectsnew delhi;the 15th december, 2011ajay maken notes on clausesclause 1—this clause relates to the short title, and commencement of the proposed legislation this clause enables the central government to appoint a date with respect to the commencement of the proposed legislationclause 2—this clause relates to the the declaration of rajiv gandhi national institute of youth development as an institution of national importancethis clause provides a declaration that the objects of the institution known as the rajiv gandhi national institute of youth development are such as to make the institution one of national importanceclause 3—this clause defines certain expressions used in the billclause 4—this clause relates to incorporation of the rajiv gandhi national institute of youth developmentsub-clause (1) of this clause provides that the rajiv gandhi national institute of youth development 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 suedsub-clause (2) of this clause provides that the first chairperson, the first director and the first members of the executive council and the academic council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the institutesub-clause (3) of this clause provides that the headquarters of the institute shall be in the district of kanchipuram, in the state of tamil nadusub-clause (4) of this clause provides that the institute may establish and maintain centres at such other places in india as it may deem fitclause 5—this clause relates to effect of the establishment of institute this clause provides that on and from the appointed day and subject to other provisions of this legislation, any reference to the existing institute in any contract or other instrument shall be deemed as a reference to the institute; all property, movable and immovable, of or belonging to the existing institute shall vest in the institute; all rights and liabilities of the existing institute shall be transferred to, and be the rights and liabilities of, the institute; and every person employed by the existing institute 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 legislation had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes however, 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 a compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employeesclause 6—this clause relates to the objects of the institutethis clause provides that the objects of the institute shall, inter alia, be (a) to evolve and achieve an integrated approach to youth development; (b) to establish a national youth resource centre; (c) to provide for research and development and dissemination of knowledge through extension and outreach programmes; (d) to act as a nodal agency for capacity building of stakeholders including youth bodies, organisations and agencies relating to youth; (e) to empower youth to participate in inclusive development and nation building, etcclause 7—this clause relates to functions of the institute this clause provides that without prejudice to the provisions contained in clause 6, the institute, inter alia, shall develop a "think tank" by way of carrying out policy research, evaluation and impact analysis on youth programmes and issues of contemporary and future relevance; function as a repository of knowledge pertaining to data on youth; provide technical advice and consultancy for formulation of youth related policy and promotion of youth programme; build the professional capacity of youth organisations, both in government and voluntary sector; design, develop and conduct appropriate training and orientation programmes; set up centres for dissemination of academic and training programmes; collaborate with national and international university, centres, institutes and such other agencies relating to youth training and youth development; regulate the conduct of the affairs of the instituteclause 8—this clause relates to institute to be open to all races, creeds, gender and classesthis clause provides that the institute shall be open to persons of either sex, and of whatever race, creed, caste or class, etcclause 9—this clause relates to teaching at institute this clause provides that all teaching at the institute shall be conducted by or in the name of the institute in accordance with the statutes and ordinancesclause 10—this clause relates to the visitor of the institutethis clause provides that the president shall be the visitor of the institute who shall in that capacity appoint one or more persons to review the work and progress of the institute and to hold inquiries into its affairs and to report thereon and upon receiving report may take action and issue directionclause 11—this clause relates to authorities of the institute this clause provides that the institute shall consist of the authorities such as the executive council; the academic council and such other authorities as may be declared by the statutesclause 12—this clause relates to establishment of executive councilsub-clause (1) of this clause provides that with effect from such date as the central government may, by notification appoint in this behalf, there shall be established for the purpose of this legislation, a central body to be called as the executive councilsub-clause (2) of this clause provides that the executive council shall, inter alia, consist of an eminent person of academic repute to be nominated by the visitor— chairperson; an eminent person in the field of youth development to be nominated by the visitor—vice-chairperson; secretary, department of youth affairs, ministry of youth affairs and sports—ex officio member; one eminent sports personality to be nominated by the central government—member one head from an academic institution to be nominated by the central government—member ; one representative from the industry to be nominated by the central government from the federation of indian chamber of commerce and industry or confederation of indian industry by the central government—member; the registrar, rajiv gandhi national institute of youth development—member secretary, etcsub-clause (3) of this clause provides that while nominating the members of the executive council under sub-clause (2), due representation shall be given to women, different regions of the country, and weaker sections of the community and differently abled personsclause 13—this clause relates to terms of office of, vacancies among, and allowances payable to members of executive councilthis clause provides the terms of office of the chairperson and other members of the executive council and filling of its vacancies and allowances payable to the membersclause 14—this clause relates to meetings of the executive council sub-clause (1) of this clause provides that the chairperson shall ordinarily preside at the meetings of the executive council and at the convocation of the institute however, in his absence, the vice- chairperson of the executive council shall preside at the meetings of the executive councilsub-clause (2) of this clause provides that it shall be the duty of the chairperson to ensure that the decisions taken by the executive council are implementedsub-clause (3) of this clause provides that the chairperson shall exercise such other powers and perform such other duties as are assigned to him by this legislation sub-clause (4) of this clause provides that the executive council shall meet at least four times in a year and follow such procedure, in its meetings (including quorum at such meetings) as may be provided by the statutesclause 15—this clause relates to powers and functions of the executive council sub-clause (1) of this clause provides that subject to the provisions of this legislation, the executive council shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall also exercise the powers of the institute not otherwise provided for by this legislation, the statutes and the ordinances, and shall have the power to review the acts of the academic council and finance committeesub-clause (2) of this clause provides that without prejudice to the provisions of subclause (1), the executive council, inter alia, take decisions on questions of policy relating to the administration and working of the institute; lay down policy regarding the duration of the courses, nomenclature of the degrees and other distinctions to be conferred by the institute; institute courses of study and lay down standards of proficiency and other academic distinctions in respect of the courses offered by the institute; guide resource mobilisation of the institute and to lay down policies for utilisation, etcsub-clause (3) of this clause provides that the executive council 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 legislationsub-clause (4) of this clause provides that the executive council may, by a specific resolution to this effect, delegate any of its powers and duties to the chairperson, 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 clause 16—this clause relates to the academic councilsub-clause (1) of this clause provides that the academic council shall be the principal academic body of the institute and shall, subject to the provisions of this legislation, the statutes and the ordinances, co-ordinate and exercise general supervision over the academic policies of the institutesub-clause (2) of this clause provides that the constitution of the academic council, the term of office of its members and its powers shall be such as may be provided by the statutessub-clause (3) of this clause provides that while nominating the members of the academic council due representation shall be given to women, different regions of the country, weaker sections of the community and differently abled persons clause 17—this clause relates to functions of the academic council this clause provides that subject to the provisions of this legislation, the statutes and the ordinances, the academic council shall have the control and general regulation, and be responsible for the framing of the ordinances, maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutesclause 18—this clause relates to finance committee of the institute sub-clause (1) of this clause provides that there shall be a finance committee of the institute which shall be the principal financial body of the institutesub-clause (2) of this clause provides that the constitution of the finance committee, the term of office of its members and its powers shall be such as may be provided by the statutessub-clause (3) of this clause provides that while nominating the members of the academic council due representation shall be given to women, different regions of the country, weaker sections of the community and differently abled personsclause 19—this clause relates to functions of the finance committee this clause provides that the finance committee shall, inter alia, perform the functions to scrutinise the accounts and budget estimates of the institute and to make recommendations to the executive council; to scrutinise the proposals for new expenditure on account of major works on purchases; to give advice and make recommendations to the executive council on any financial questions affecting the affairs of the institute, etcclause 20—this clause relates to other authorities of the institute this clause provides that the constitution, powers and functions of the other authorities, as may be declared by the statutes to be authorities of the institute, shall be such as may be provided by the statutesclause 21—this clause relates to officers of the institute this clause provides that the institute shall consists of the officers such as the director;the registrar and such other officers as may be declared by the statutesclause 22—this clause relates to director of the institute sub-clause (1) of this clause provides that the director of the institute shall be appointed by the visitor for a period of three years in the manner specified in sub-clauses (2)and (3) on such terms and conditions of service as may be provided by the statutes however, 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 appointed daysub-clause (2) of this clause provides that the director shall be appointed by the visitor from a panel of three persons with outstanding academic qualifications as recommended by a search committee constituted by the central government for that purpose(3) the search committee referred to in sub-clause (2) shall consist of three members, one each to be nominated by the executive council, the central government and the visitor(4)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 thereinclause 23—this clause relates to registrar of the institutesub-clause (1) of this clause provides that the registrar of the institute shall be appointed in such manner and on such terms and conditions as may be provided by the statutes and shall be the custodian of records, common seal, the funds of the institute and such other property of the institute as the executive council shall commit to his chargesub-clause (2) of this clause provides that the registrar shall act as the member-secretary of the executive council, the academic council and such committees as may be provided by the statutessub-clause (3) of this clause provides that the registrar shall be responsible to the director for the proper discharge of his functionsclause 24—this clause relates to other officers of the institute this clause provides that the manner of appointment, emoluments, powers and duties of the other officers of the institute shall be such as may be provided by the statutesclause 25—this clause relates to grants by the central government this clause provides that the central government may pay, after due appropriation made by parliament, grants to the institute in order to enable it to discharge its functionsclause 26—this clause relates to fund of the institute this clause provides for the maintenance of a fund by the institute and the fund shall be applied towards meeting the expenses of the instituteclause 27—this clause relates to the endowment or other funds this clause provides that the institute may set up an endowment fund with an amount of one hundred crore rupees to be maintained in the public account and any other fund for a specified purpose and transfer monies from its fund to the endowment fund or any other fundclause 28—this clause relates to accounts and audits of the institute this clause provides that the accounts and other relevant records of the institute shall be maintained in the form specified by the central government in consultation with the comptroller and auditor-general of india by notification and the same shall be audited by the comptroller and auditor-general of indiaclause 29—this clause relates to pension and provident fund of the institute this clause provides for the constitution of pension and provident funds for the benefit of the employees of the instituteclause 30—this clause relates to appointment of staff of institute this clause provides that all appointments of the staff of the institute, except that of the director, shall be made with prior approval of the central government and in accordance with the procedure laid down in the statutes clause 31—this clause relates to power to make statutes this clause seeks to specify that the statutes may provide the formation of departments of teaching and other academic units; the institution of fellowships, scholarships, exhibitions, medals and prizes; the constitution, powers and duties of the authorities of the institute referred in clause 11; the delegation of powers vested in the authorities or officers of the institute, etcclause 32—this clause relates to statutes how to be made this clause provides for the procedure regarding framing of the first statutes and making of new statutes as well as their amendment and repealclause 33—this clause relates to power to make ordinancesthis clause seeks to specify that the ordinances may provide for the admission of the students to the institute; the courses of study to be laid down for all degrees and diplomas of the institute; the conduct of examinations, the maintenance of discipline among the students of the institute, etcclause 34—this clause relates to ordinance how to be made sub-clause (1) of this clause provides that the ordinances shall be made by the academic councilsub-clause (2) of this clause provides that all ordinances made by the academic council 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 executive council and shall be considered by the executive council at its next succeeding meetingsub-clause (3) of this clause provides that the executive council shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may beclause 35—this clause relates to conduct of business by authorities of institutethis clause provides that the authorities of the institute may have their own rules of procedure, consistent with the provisions of this legislation, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this legislation, the statutes or the ordinancesclause 36—this clause relates to tribunal of arbitration sub-clause (1) of this clause provides that any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitorsub-clause (2) of this clause provides that the decision of the tribunal shall be final and shall not be questioned in any courtsub-clause (3) of this clause provides that no suit or proceeding shall lie in any court in respect of any matter, which is required by sub-clause (1) to be referred to the tribunal of arbitrationsub-clause (4) of this clause provides that the tribunal of arbitration shall have power to regulate its own procedureclause 37—this clause relates to acts and proceedings not to be invalidated by vacanciesthis clause provides that the acts and proceedings of the institute, or executive council or academic council or any other body of the institute not to be invalidated by any vacancy, etcclause 38—this clause relates to grant of degrees, etc, by the institutethis clause provides that notwithstanding anything contained in the university grants commission act, 1956 or 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 legislation however, the nomenclature of any degree to be granted by the institute shall be notified by the university grants commission with prior approval of the central governmentclause 39—this clause relates to sponsored schemes this clause provides that notwithstanding anything contained in this legislation, 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, to be executed or endowed at the institute and the amount received shall be kept by the institute separately from the fund of the institute and utilised only for the purpose of the scheme however, any money remaining unutilised under this clause shall be transferred to the endowment fund set up under clause 27 this clause also provides that the staff required to execute the sponsored schemes shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation with prior approval of the central government however, the principles laid down in the general financial rules, 2005 shall be followed for approval of sponsored schemes funded by the central governmentclause 40—this clause relates to meetings of academic council and finance committeethis clause provides that the academic council and the finance committee shall meet at such times and follow such procedure, in its meetings (including quorum at such meetings) as may be provided by the statutesclause 41—this clause relates to power of central government to give directions to institutethis clause provides that the central government may give such directions, as it may deem necessary, to the institute for the effective administration of this legislation and the institute shall comply with such directions(2) in case of dispute between the institute and the central government, in connection with the exercise of its powers and discharge of its functions by the institute under this act, the decision of the central government on that dispute shall be finalclause 42—this clause relates to protection of action taken in good faith no suit or other legal proceedings shall lie against any officer or employee of the institute for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinancesclause 43—this clause relates to power of the central government to make rules this clause confers power upon the central government to make rules in respect of the rules specified in the said rulesclause 44—this clause relates to statutes, ordinances and notifications to be published in official gazette and to be laid before parliamentthis clause provides that every rule made by the central government and every statute and every ordinance made or notification issued under this legislation shall be laid before each house of parliamentclause 45—this clause relates to power to remove difficulties this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the proposed legislation such orders could be made only within two years from the commencement of the proposed legislationclause 46—this clause relates to transitional provisionsthis clause provides that notwithstanding anything contained in this legislation the advisory board and the executive council of the existing institute functioning as such immediately before the commencement of this legislation shall continue to so function until an executive council is constituted for the institute under this legislation, but on the constitution of a new executive council under this legislation, the members of the advisory board and executive council holding office before such constitution shall cease to hold office and until the first statutes and the ordinances are made under this legislation, the statutes and the ordinances of the existing institute, or notification as in force, immediately before the commencement of this legislation, shall continue to apply to the institute in so far as they are not inconsistent with the provisions of this legislation financial memorandumthe rajiv gandhi national institute of youth development is an autonomous organisation of the ministry of youth affairs and sports, registered as a society under the societies registration act, 1860 fully funded by the government of india the institute was sanctioned grants-in-aid to the tune of rs1190 crores during the financial year 2011-12 for meeting its recurring and non-recurring expenditure2 clause 25 of the bill provides that for the purpose of enabling the institute to discharge its functions efficiently under the proposed legislation, 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 for being utilised3 clause 26 of the bill provides for the maintenance of a fund by the institute and the fund shall be applied towards meeting the expenses of the institute4 clause 27 of the bill provides that the institute may set up an endowment fund with an amount of one hundred crore rupees to be maintained in the public account and any other fund for a specified purpose and transfer monies from its fund to the endowment fund or any other fund5 the expenditure would be met from the consolidated fund of india through the budgetary provision under the department of youth affairs6 the bill does not involve any other expenditure from the consolidated fund of india, both recurring and non-recurring memorandum regarding delegated legislationsub-clause (1) of clause 32 of the bill empowers the central government, to frame, with the previous approval of the visitor, the first statutes of the rajiv gandhi national institute of youth development sub-clause (2) of the said clause provides that the executive council may, from time to time, make new or additional statutes or amend or repeal such statutes sub-clause (3) of the said clause provides that a new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold such assent or remit it to the executive council for consideration sub-clause (4) of the said clause provides that a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor2 clause 33 of the bill enumerates the matter in respect of which ordinances of the institute may be made by the academic council of the institute the ordinances are subject to the provisions of the proposed legislation and the statutes the matters in respect of which ordinances may be made, inter alia, include the admission of the students to the institute, the courses of study to be laid down for all degrees and diplomas of the institute; the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the institute, the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes, etc3 sub-clause (1) of clause 34 of the bill lays down the procedure as to how the academic council of the institute shall make such ordinances4 sub-clause (1) of clause 43 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matters in respect of which such rules may be made these matters shall include the form and manner in which the books of accounts of the institute shall be maintained under sub-clause (1) of section 28 and any other matter which is required to be, or as may be, prescribed5 the matters in respect of which the notification, the first statutes, further statutes or the ordinances may be made are matters of administrative or procedural details and it is not practicable to provide for them in the bill itself the delegation of legislative powers is, therefore, of a normal character———— a billto declare the institution known as the rajiv gandhi national institute of youth development, to be an institution of national importance and to provide for its incorporation and for matters connected therewith or incidental thereto————(shri ajay maken, minister for youth affairs and sports)

Parliament_bills

77b99d5f-fbc2-57be-819d-9cbe2608813a

bid <no; 132 of 1986 the customs and excise revenues appellate tribunal bill, 1986 - arrangement of clauses chapter i preliminaryclauses 1 short title, extent and commencement 2 definitions chapter ii establishment of nie appellate l'rmunal and benches thereof3 establishment of the appellate tribunal 4 composition of the appellate tribunal and benches thereof 5 qualifications for appointment as president or member 6 appointment of president and members - 7 member to act as president or to discharge his functions in certain circumstances 8 term of office 9 resignation and removal 10 salaries and allowances and other terms and conditiom of ~ervice of pl'esident and other members 11 provision as to the holdfug of offices by president and members on ceasing to be such presicient or member 12 financial and administrative powers of president· 13 staff of the appellate tribunal chapter iii juihsdiction, powers and authority of 'qie ,appellate tribunal14 jurjsdiction, powers and authority of the appellate tribunal 15 bar of jurisdiction of the appellate tribunal in certain cases (i) 1 power to punish for contempt 17 distribution of business amonlst the appellate tribunal add itl beadles chapter iv pilocedufte18 appeals to the appellate tribunal 19 procedure and powers of the appellate tribunal 20 deposit pending appeal, of duty demanded or penalty levied 21 richt of applicant to take assistance of legal practitioner and government to appoint representine otbcers 22, conditions as to making of interim orders 2'3 power of president to transfer ca'ses from one bench to another 24: procedure for deciding the case where the members of a bench difter in opinion 25 orders of the appellate tribunal chapter v miscellaneous~6 ex'closion of jurisdiction of courts, etc, except the su'preme court 27 tra1\sfv of pending cases 28 pro('~dings before the appellate "rribunal to be judicial proceedin, 29 members and staft' of the appellate tribunal to be public servalits 30 pr~tion of action taken in faith 31 act to have o'(l'erriciing effect 32 power to make rules 33 power to remove ditliculttes 34 cd~quential amendments in the e!entra1 :8xcises ad and the custljmlt act bill, 1986 a bill\ to provide for the adjudication, by an appellate tribwai, of 8isputeb taw& 'fe8pect to the cutermination of the nrtes of duder c1f customb ad central excise on goods ancl to the valuation of goods for the pzl7'-1'0_8 of cib8~'"""t of sttch duties, in punucnce of fij'tiele cj2sb oj the constitution and for mdtters connected thertiru:ltth or itl~lil thereto bii it enacted by parliament in the thirty-seve1th year ot the republic of india as follows:- chapter i pftlkimin ally5 1 (1) this act may be called the customs and ebceise r~ agrt appellate tribunal act, 1986 tuie, cildqt "(:) it extends to the whole of india r -at (3) it aball come into ~ on such date as the central g~liitl1t may, by notification in the oftkial gazette appoint 10 2 in this act, unless the context otherwise requircs,-(a) uappellata tribunal" means the culltoms _ ~ ~ appellate tribunal cmlst!tuteti tmder seetion 3; (b) "appointed day" means the date with effect from which the appel1ate 'n-iduna! is establjsned, by' netlncation, under section 3; (c) "bench" means a bench of the appellate tribunal; (d) "board" means the central hoard of excise and customs mot lt68 constlluted unuer the central !ioarus 01 rtevenue act, iij03; 5 1 of 1944 5 of 1986 (e) "central excises acc' means the central excises and salt act, 11144; __ ___ - <f) "central excise tariff act" means the central excise tariff a~l~;, (g) "customs act"' mea11s the customs act, 1962; 10 s2ofl962 (h) 'customs, 1:xclse and gold lcontrol) appeilate tribunal" means th\: customs, i!ixc1se and gold {l:ontrol) a,ljp~llate 'l'nbunal constituted under section 12~ of the customs act; (i) "customs 'fari11 act' means the customs tariff act, 197a 51 of 1975 {]) "juuiclal member"' means a membel' of the appellate l'ribu- 15 nal appointed as such under this act, and includes the president who poss~::,,"ses any or tne (!uallnca uons specltied in suo-section (2) of section 5; (k) "member" means a member (whether judicial or technical) of the appellate tribunal and includes the president; 20 (l) "notliication' means a no1it1catlon published in the official gazette; • _i , , -1 '{in} ';president" means the president of the appellate tribunal; : (n) "prescribed" means prescribed by rules; (0) "rules" means rules made under this act; (p) "supreme court" means the supreme court of india; (q) "technical member" means a member of the appellate tribunal who is not a judicial member within the meaning of clause (;) ; (r) words and expressions used in this act but not defined 30 ',~ ~d 'defined· in the central excises act, central excise taruf "ct, customs act or customs tariff act, or the rules made thereunder, shall have the meanings respectively assigned to them by' such act or the rules made thereunder chapter ii establishment of the appellate trlbvnal and benches thereof3 th" central goverddlent silalj, by notification, esta~~~ appellate tribunal to be known as the customs and excise ~appel1at tilbunal, to -exercise the jurisdictjon, powers and authority coalerred on such appellate tribunal by or under this act establish· meat of the· appel la1e'" ltriwdal 4 (1) the appellate tribunal ihall consist' of a presldellt aad sucb muaber· of judieial and teehnical membel'l as the ceatnl·gtw-ment may deem fit, anti subject to tho· 0"'-provisiods of this· act, ·the j1ljill-diction, powers and authority of the appellate tribunal may be exer- '~ ,', p"r:' ~\'7'~ co1l1pllitionotthe appellate tribunal add·lia-cised by benches thereof 45 cbe~·re­of ~' \, (!~ "a, :ben:~h' shallconaist of one judicial mehiber' and· oile technical member " -' ··t (3) notwithstanding anything contained in sub-section (1), the preil dent-:_ i~i (4) may, in addition to discharging the functions of the judicial member or the technical member of the bench to which he is ap-s pointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench; (b) may transfer a member from one bench to another bench; and , > j;; '" - (c) may authorise the judicial member or the technical memlu ber appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench -' (4) notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the president or any other mem-15 ber authorised by the, president in this behalf to function aa a bench consisting of a single member and exercise the jurisdiction powers and authorit,:/ of the appellate tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the president may by general or special order specify: 20 provided that if at any stage of the hearing of any such case or matter it appears to the president or member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members the case or matter may be transferred by the president or, as the case may be, referred to him for transfer to, such bench as the preeident !z5 may deem fit , i (5) subject to the other provisions of this act, the benches of the appellate tribunal shall ordinarily sit at new delhi aad at such other places as the president may deem fit 5 (1) a person shall not be qualified for appointment as the presl-30 dent unless he-(a) is, or hal been, a judge of a high court; or ~ualj4ca· tiodi for appoidt· midt preiidiat or mr (b) has, for at least two years, held the oftlce' of a judicial member or a technical member (2) a person shall not be qualified for appointment as a judicial 35 member unless h e - i (4) is or has been, or i8 qualified to be, a judge of a hish court; or i (b) has been a member of the indian legal service and hu held a post in grade i of that service or any equivalent or higher post for at least five years (s) a person shall not be qualified for appointment as a techdical member unless he has been a member of the indian customs and· central excise service, group 'a', for a period of at least thirty years, and baa held during thll period the post of collector of customs or central 45 excise or any equivalent or higher post for at least ten years 6 (1) subject to the provisions of sub-section (2), the president and every member shall be appointed by the president of india appoint-ideiil of ptelident add --litn (2) appointment of a person as the president or a member shall be made in consultation with a selection committee consisting of-(4) a chairman who shall be nominated by the chief justice 5 of india; and (b) such other members as may be nominated by the central government member foactu presldellt 7 (1) in the event of the occurrence of any vacancy in the office of the president by reason of his death, resignation or otherwise, such one of 10 the members as the central government may, by notification, authorise in this behalf, shall act as the president until the date on which a new president, appointed in accordance with the provisions of this act to fill such vacancy enters upon his office 01' 10 eli&-dwjo his fmjctioas fd certain circumttances (2) when the president is unable to discharge his functions owing to 15 absence, illness or any other cause, such one of the members as the central government may, by notification, authorise in this behalf, shall discharge the functions of the president until the date on which the president resumes his duties todd of omee 8 the president or other member shall hold office as such for a 20 tenn of three years from the date on which he enters upon his office or 1:lntil he attains the age of sixty-five years, whichever is earlier don 9 (1) rrhe president or other member may, by notice in writing aad under his hand addressed to the president of india, resign his office: i'0i80\'&1 provided that the president or other member shall, unless he is 115 permitted by the president of india to relinquish his office sooner, continue to hold oftice 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 expii-y of his term of oftlce, whichever is the earliest go (2) the president or any other :member aball not be removed from his oftice except by 8q order made by the president of india on the ground of proved misbehaviour or incapacity after an inquiry made by a judge ot the supreme court in which such president or other member had heed informed of the charges alaidst him and given a reasonable oppor- 35 tuntty of being heard in respect of those charges (3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the president or other member referred to in sub-section (2) 10 the salaries and allowances payable to, and the! otbel tenus aud 5 conclltiods of servic-,e (including pension, li'atuity and other retirement bene8ts) of, the president and otber members shall be such as may be' prescribed by the central government: provided that neither the salary and allowances nor the other terms ancj conditions of service of the president or otbetr member shall be varied 10 to his disadvantage after his appointment salariii andalln'-f:dceiadd otber terma add c::oadfdoaa ofterv1ce of pfeii, dodt adci other memben 11 on ceasing to hold oftice,-pro1'llloa to die boidfdi of (a) the president shall be ineligible for further employment either under the government of india or under the government of a state; 15 (b) a member (other than the president) shall, subject to the other provisions of this act, be eligible for appointment es the presi· dent, but not for any employment either under the government of india or under the government of a state; oftlces '" praldeul 8iid m bert ceulngto be iuch predclelll or menlber (c) the presiglent or other member shall not appear, act or plead 20 before the appellate tribunal or the customs, excise and gold (control) appellate tribunal explanation-for the purposes of this section, employment under the government of india or under the government of a state includes employment under any local or other authority within the territory of 25 india or under the control of the government of india or under any corporation or society owned or controlled by the government 12 the president shall exercise such financial and administrative )lowers over the benches as may be vested in him under the rules: finadcial ajldaclmbt-!lie pnifdem provided that the president shall have authority to delegate such of 30 his financial and administratjive powers as he may think flt to any member or officer of the appellate tribunal, subject to the condition that the member or such officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the president 35 13 (1) the central govel'nment shall determine the nature and categories of the officers and other employees required to a~ist the' ap )ellate tribunal in the discharge of its functions and provide the appellate tribunal with ~uch officers and other employees as it dlay think fit (2) the officers and other employees of the appellate tribunal shall 4° discharge their functions under the general superinfendence of the president (3) the salarie and allowlulces and conditions of sen'ice of the officers and other employees of the appellate tribunal shall he such as may he specified "by rules chapter iii jl7jwjdictlon~ powers and authority of the ,appellate 'l'r!8vn,ali' (1) save as otherwise expressly provided in this act, the appellate tribunal shall exercise, ~)n and from the appointed day all the jurisdictiod, powers and authority exercisable in relation to an appeal against-(a) a decision or order passed by the collector of central excise 5 as an adjudicating authority; jiiriidiotjod po-r andautgo rlt)' cjf u- appellate 'niblmal (b) an order passed by the collector (appeals) under section 35a or section 35e of the central excises act; (c) a deelsion or order passed by the collector of customs as an adjudicating authority; 10 (d) an order passed by the collector (appeals) under section 128a or section 129d of the customs act, in which the determination of any question having a relation to-(i) the rate of duty of excise for the time being in force, whether under the central excise tariff act or under any other central act 15 poviding for the levy and collection of any duty of excise, in relation to any goods on or after tlie 28th day of february, 1986; or (ii) the rate of duty of customs for the time being in force, whether under the customs tariff 'act or under any other central act providing for the levy and collection of any duty of customs; in 20 relation to any goods on or after the 28th day of february, 1986; or (iii) the value of goods for purposes of assessment of any duty of excise in cases where the assessment is made on or after thp 28th day of february, 1986; or 25 (iv) the value of goods for the purposes of assessmpnt of any duty of customs in cases where the assessment is made on or afther the 28th day of february, 1986 is in issue or is one of the points in issue explanation-fo'i' purposes of this sub-section, the determination of 30 a rate of duty in relation to any goods or valuation of any goods for the purposes of assessment of duty includes the determination of a question-(4) whether any ~oods are excisable goods or whether the tate of duty on any -goods is· nil; 35 -59 of 157 (b) whether anv fi(oods fall under a particular beartint£ or subheading: of the schedule to the central excise tariff act or the additional duties of excise (goods of snecial importance) act 1957 or the ad"'itional dutips of exeifle (textiles and textile articles) act, 1978 or fall under the first schedule or the secon~ ~chedt1le to the 40 _ 40 of 1978 cuatoma tarift act, as the case may be, or that any goods are or not covered by a particular notification or order issued by the centrial government or the board, granting total or parteal exemption from a duty of excise or customs, as the case may be; 5 (c) whether the value of any goods for the purposes of assessment of a duty of excise or customs shall be enhanced or reduced by the addition or reduction of the amounts in respect of such matters as are specifically provided in the central excises act or the customs act 10 (2) for the removal of doubts, it is hereby declared that nothing in sub-section (1) shall preclude the entertainment of an appeal in relation to any of the matters dealt with in subsection (1) by the customs, excise and gold (control) appellate tribunal or the disposal thereof during the period commencing on and from the 28th day of february, 15 1986 and ending with the appointed day and any order passed by the said tribunal on such appeal during that period shall, for all purposes, have effect as an order of the appellafe tribunal constituted under this act and all the provisions of this act shall apply to such order 15 notwithstanding anything contained in section 14, no appeal shall go lie to the appellate tribunal and the appellate tribunal shall not have jurisdiction to decide any appeal in respect of any decision or order referred to in section 14 if such decision or order relates only to,-| bar | of ||---------------|---------|| juriadictioll | || oftbe | || appellte | || tribunal | || in | certaja || cases, | |(a) a case of loss of goods, where the loss occurs in transit from a factory to a warehouse or to another factory, or from one warehouse fil5 to another, or during the course of processing of the goods in a warehouse or in storage, whether in a tactory or in a warehouse; (b) a rebate of duty of excise on goods exported to any country or territory outside india or on excisable materials used in the manu· facture of goods which are exported to any country or territory out-30 lide india; (c) goods exported outside india (exeept to nepal or bhutan) without payment of duty; (d) any goods imported or exported u baggage or by post; (e) any goods loaded, or deemed to have been loaded in accor--55 c:1ance with an import manifelt or import report, in a conveyance fot importation into india, but which are dot unloaded at their place of destination in india, or so much of the qu8dtity of such goock'al has not· been unloaded at any such destination if goods unloaded at such destination are short of the quantity required to be unloaded 40 at that d t1dation or any ,oods which have been lost or destroyed after hein, unloaded at any such destination; (f) payment of drawback as provided in chapter x of the customs act and the rules mad thereunder 18 the appellate tribunal shall have and exercise, the same juris-power to 5 diction, powers and authority 'in respect of contempt of itself u a high puaiah for court ~ and may exercise, and, for this purpose, the provisions of the codtempt contempt oi' courts 'act, 19'ti shalf" have' i1f~(£ subject'to" theo'moatb'cations that--(a) the references therein to a high court shall be construed as il1eluding a reference to the appellate tribunal; (b) the'refer~ees to the advoeate-otmeralin' seetion 15 of'the 5 said act shall be construed, in' relatibu to the appellate triburtal, as a reference to the attorney-general or the solicitor-genetat or the additional solicitor-general 11 (1) where any ben~hes of the appeua:te tribunal are' coiistt:tuted~ the president may, from'time to tbine, by otder, make provisions u toto the distribution of the business of the awellaie tribunal amongst the' benches and specify the'matters w'hlch niay be dealt with by each bench i distribution of business amongst the appellate tribunal and its benches (2) if any questionai1ses as to 'whether any' niatter' falls within 'the' purview of the business allocated to a bench of the appellate tribunal, 15 the decision of the ~esident thereon shall be tmat cltapttr iv prbceiyuri 'appeals to the appellate tribunal 18 (1) subject to the other prbvision's of this act; every" ai)p~al' to the appellate tribunal under this act shall be flied wit'hlri th'ree"monlhs go from the date on which the decision a order sought to be appealed against is communicated to the person aggdeved by tlie decision or order or to the collector of central ,excise or the collector of customs, as the case may be (2) on receipt of notice that an appeal has been preferred' under 125 this section, the party against whom the appeal has been preferred may, notwithstanding that he may dot 'have' appealed 'againit 'sochotcier' or any part thereof, file within forty-five days of the re~eipt of the notice a m'~ri(fum' of: cross::odje~drls )whfted in' such nilinn~r as imay be speofied by rules lrtade' ill' th'rs:' ~ii'lf' agitinst any part of the' 6raer 30 api1eii~'~a~t 'and ~h"'ni~mohmm/shall be' di~';of'by' the a~ellatettifntntt1 as it it wf!te an' app~l' preijentet!' '\vttmb'the'dlne speclfte'd in stib-s~ctfon: (l) (3) the appellate trfbtrttal'mlly aamtf ah app@lt'or"perititt"thcf1titbg of ,~ memo~andum of cross:~bjections after the exp~ of the relevant 35 penod referred to in suh-section (1) or sub-section (2), if'it' is satisfied that there was sufficient' cause lo:r not presenting it within that period (4')' every li})pet to"ttle' :a~el18w-'mlin:al shill 'l1e(in stleti fb'ml' , an! 'shim 'hi f whiled in i'f1~ip ~f!tr "at rhay btf~\f br,~ r\llei mas ¥ ~,~ b~' ~,:~" exceptin the c~seot an appeal preferred by ,~ prroftl~r dr : metuofan~;'9f ,cro~-p~jei;:m~ns referr~d to ~n sub-ection (2) ,be-accompanied by fee of two hull(tred rupees procedure and powers of the appellate tribunal 19 (1) the app~llate tribunal shall not be bound by the procedure 'of 1908 5 l~d down in tbe -coste of c~yilprocedure, 1908, but shall be guided by the principles of natural justice and s"bject to the other provisions of this act and of any rules made by the central government, the appella,te ~bunal shall h!lve power to regulate its own procedure, including ,the fixing ,of plac,t;s and times of its heat:ing , " _ r ,- " - - ~ - ' ,_' 10 (2) the appellate tribunal shall have, for the purposes of discharg-,ing its !u~tio~s un~ ~~is !\ct, the same powers as are vested in a $ of 1908 civil court under the code of civil procedure, 1908, while trying a suit, in respect of the f~llowing matt~rs, namely:-(a) summoning and enforcing the attendance of any person and j5 examin~g him on oath; (b) requiring the discovery, inspection and production of books of account apd other doculflents; (c) reviewing its decisions; (d) dismissing an appeal for default or deciding it ex parte; and zoo where in any appeal under this act, the decision or order ~ppem­ed against relates to any duty demanded in respect of goods which are not ,9d_der ~e e cp~trol of, the, ~ntral exci~, authorities or the customs '1 ~utpr:ri~'-,:a&:t~e,~a~~~y)e, ?r ~ny,j~f1~lt',je:vjed under the central deposit, pending ,3ppt'ul, of duty dc· maoocd or penalty icvie(~· q5!~~,ad,oratpe·eu~~ act"the peli5pll; daairollsof,4ppealillg against such decision or order shall" pending the appeal, deposit with the proper oftlcer the duty demanded or the penalty levied: pi;qvided that wbere in any :particular ca~e,the r~ppellate t~ibunal is ,of opinion that· the, deposit of duty demanded or, penalty levied would 30 cause undue hardship to such person, the appellate tribunal may dis-,pense with such cifposit s\lbje~t to suchcondit,ions as it may' d~em fit to impose so as to ~~~d 'ij)e ,int~el$ts of re;venue, 21 (1) a person preferring an appeal to the appellate tribunal under this act may either appear in person or take the assistadce of a legal practitioner of his choice to present hi, case before the appeuaw tribunal (2) the central government may authorise one or mol'e legal!s pactitionen or any of its olllcen to act as presenting offtcer and anr person so authorised by it may present its case with respect to an)' appeal before the appellate tribunal lliiht of applicant to take latadce of jea1 practitioner andgovernment to appoint representidi officer 22 notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order 10 (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an appeal under this act unless-cod-ditions as to makin, of mterim ordeiw (a) copies of such appeal and of all documents in support of the plea for &uch interim order are furnished to the party against whom i!) such appeal is preferred; and (b) opportunity is given to such party to be heard in the matter: provided that the appellate tribunal may dispense with the require--ments of clauses (a) and (b) and make an interim order as an e"cap tional measures if it is satisfied, for reasons to be recorded in writing, 20 that it is necessary so to do for preventing any loss being caused to the appellant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requlrements have been complied with before the 25 expiry of that period and the appellate tribunal has continued the operation of the interim order 23 on the applil'ation of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the president may transfer any so case pending before one bench, for disposal, to any other bench, power of president to transfer cash from one bench to~ other 24 if the members of a bench differs in opinion on any point, they shall state the point or points on which they differ, and make a reference to the president who shall either 'hear the point or points himself or refer the case for hearing on such point or points by one or more of the 35 other members and such point or points shall be decided aceording to the opinion of the majority of the members who have heard the cue~ including those who fint heard it procedure tor decldin, the c:ase w~ the member or bench cwrer in opinion orders of appellate 'l"rlbu~j 25, (1) the app~llate tribunal may, after qiving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it 40 thinks fit, confirming, moduytng or annulling the deelsiod or order appealed against or may refer the case back to the authority which passed such decision or orciej' with such directions as the appellate tribunal may think fit, ~or ~ fresh ~djudication or d~is~on, ~~ tbe case ~y be, after ~~g add!-tio~ evt~nce, !t nece~: (2) the appellate trlbudal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent ,from the record ~ any order passed by it unc'er sub-section (1) and shall make such amendments if the mistake is brought to its notice 5 by the collector of central excise or the collector of customs, as the case may be, or the other party to the appeal: provided that an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the other party shall not be made under this sub-section, unless the 10 appellate tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard (3) the appellate tribunal shall send a copy of every order passed under this section to the collector of central excise or the collector of customs, as the case iilc1y be, and the other party to the appeal 15 chapter vmiscellaneous 28 on and from the appointed day, no court (except the supreme court) or the customs, excise and gold (control) appellate tribunal shall have, or be entitled to exercise, any jurisdiction, powers or autho-110 tity in relation to matters in respect of which appeals would lie to the appellate tribunal under section 14 exclusion of jurisdiction ot courts elocept the supreme court transfer ot pend inc cases 27 (1) every suit, appeal or other proceedings pending before any court or other authority or the customs, excise and gold (control) appellate tribunal immediately before the appointed day, being a suit, 125 appeal or other proceedings which would have been within the jurisoiction of the appellate trtbunal, if it had arisen after such 'day, shall stand transferred on that day to the appellate tribunal: provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a high court go (2) where any suit, appeal or other proceeding stands transferred from any court, tribunal or other authority to the appellate tribunal under sub-section '(1) ,-(4) the court or other authority or the customs, excise and gold (control) appellate tribunal shall, as soon as inay be after such s5 transfer, forwarcl the records of such suit, appeal or other proceeding to the app&uate tribunal; ed' (b) tile appellate tribunal may, on reeelpt of sueh records, proceed to deal with sueh suit, appeal or other proceeding, so far as may be in tho flame manner as in the case of an appeal under 40 sectiod 19 from the stage which was reaehed before such transfer or from any earlier stag or de novo as the appellate tribunal may deem at (3) any person, who imediately before the appointed day, is an advocate or authorised representative entitled to practice in any court 45 or ather authot'ity 01" the customs, exrjs" and gom (contol) apnellate trlbun9j anti was authorfsed to annear or to act in anv prorepdings transferre~ from the said 'court other authority or tribunal to the a~uat~ tribunal uqder this section shall have the right to appear or to act as· the ·cue may be, b,efore ~ -appellate ~ ,mrel tltn to the a,id suit, app~al or ~herproeeeding z8 all proceedings before tbe appe~ tj'ihu~ : iib,,l!, qe ,,,d to be judicial procegngs ·witl1~n theul,8aning of ~ctiojjs 3~t ~jb and· 228 of the indian penal cocle proceedings before theappellate tribunal to be judicial proceeding 29 the president and other ~mbersand the qm~rs ,~d ,p~r employees of the appellate tribunal shall ,be deejxled ,to be·p\'~1tc servants within the meaning of section 21 of the indian penal code members and staff of tho appellate tribu-nal to be public servants 30 no suit, prosecution or other legal proceeding shall lit agalnst the central gove-rnment or against the president or other member, or any 10 other person authorised by such president or other member for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thre~nder 31 the provisions of this act shan have effect notwithst;a,ndipg anything inconsistent therewith contained in any other law for the time 15 being in force or any instrument ha,vipg ~ffect by virtue of any law other than this act 32 (1) the central government -inay, by notification, make rules to carry out the provisions of this ~ct protection of action taken in tood faith act to have ovel'-riding effect power to make rules (2) without prejudice to the generality of the foregoing power, such 20 rules d1ay provide for all or any of the following matters, namely:-(a) the salaries and allowances and other ite~ms8l1d:cw~t~pi of servjc~ of president,aj)d other l\f~i»pers~11;lderseotiqn10; - {b)·; the~~cial and, ~"'i • twe p"y -wwch: tae·~sident ,my-,qer_ over:thej~~s u~ _~ 12;~5 (e) the salaries and allowanou aaci;:cou:ltlonl of;wloeof the e1ft~ and otbar,~oyeea of· ~c~:::'jj1~"'m1a1c\lnder subseetion (3) of -beeiton 33; (d) the form in which every appeal to the appellate tribunal shall he filed and the manner in which such appeal shalt be verifie(hso under sub-section (4) of ·section 18; and (e) any other matter vvhich has to be, or may be,' presrribed by rules under this act (3) every rule made under'this act by the cebtral ,goyftlliqtmt, ~ll l'li' laid as soon as may be after it is made, bef-olle·each h~,of~­rnent, while it is in session, for a total·period of thirtydays·whichy s~ be··~omppised'~ ode ~n, or mtwo or;m",,·§~qmitive··' __ r:~~ if before the expiry of the session inuhetlta~ly" fohow'fnr the' 'session 0; the successive sessions aforesaid, both houses agree in malting any l"1oamcluon"ui'"tne'rtile or botli houses agree that the rule should not be made, the rule shall thereafter have e«ect only in such modified 5 form or be of, do elfect, as 'the ease may' be; so, hbwever, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 93 (1) if- ahy dift\~ulty" atises in giving effect to the provisions of this act, the central government may, by otder published in the official power to remove diffi culties 10 gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be detebsary or expedient for removing the difficult,: provtd~' 'that n'o slieh order shall be made after the expiry of a pel1od or three yeirs ffomthe appointed day 15 (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament 3i&: drl andfroni the appointed day, the, followingamendmellts (being amerldments of ,a consequential nature) s~all be made in the central excls~s" act and' the custorrts' act, namely:-20 (a) in 'the central excises act,-(i)' for sub-section (2) of section 35b, the following sub-sectlol1' shall' be slibstituted, namely:-"(2) the' couector of central excise may, if he is of opinion that an order passed by-con sequential amendmenta in the central excises act and the custoldj act !l5 (a) the appellate collector of central excise under section 35, as it stood immediately before the appointed day, or '5 (b) the collector (appeals) under section 35a; is not legal or proper, direct any central excise officer authorised by him in this behalf (hereafter in this chapter referred to as the authorised officer) to appeal on his behalf to the appellate tribunal or, as the case may be, the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, 1986, against such order"; (ii) in section 35e,-(a) after the words "appellate tribunal", wherever they occur, the words and figures "or, as the case may be the clmtoms and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, 1986" shall be inserted; 45 (b) in 8ub·section (4), after the words, figures and letter "section 35b", the words and figyres "of, as the case may be, the provisions of the customs and excise revenues appellate tribunal act, 1986" ihall be inaerted; (i) for sub·section (2) of lection 129a, the fouowiua iu):, section shall be subsututed, namely:-"(2) the collector of cuatoma may if he is of opinion that an order passed by-5 (a) the appellate collector of customs under section 128, as it stood immediately before the appointed day, or (b) the collect~r (appeala) under section 128a, jl on his behalf to the appellate tribunal or, as the case may "(2) the collector of customs may if he of opinion 10 be, the customs and excise revenues appellate' tribu nal established under section 3 of the customs and excise revenues appellate tribunal act, 1986, against such order ,"; (ii) in section 129d,-15 (a) after the words "appellate tribunal", wherever they occur, the words and figures "or, as the case may be the customs and excise revenues appellafe tribunal established under section 3 of the customs and excise revenues appeuate tribunal act, 1986" shall be inserted; go (b) in sub-section (4), after the word, figures and letter "section 129", the words and figures "or, as the case may be, the provisions of the customs and excise revenues appellate tribunal act, 1986" shall be inserted article 323b of the constitutiun stipulates that the appropriate legislature may, by law, provide itt tne adjudication or trial by tribunajs ot any disputes, complamts, or oflentes with respect to all or any of the matters specified in clause (~) of that article with respect to which· such legislature has power to make laws one of the matters enumerated ill the laid clause is the levy as~es8ment, collection and enforcement of any tax including any matter incidental thereto 2 the bill seeks to give effect to the aforesaid constitutional provision by the establishment of an appellate tribunal to provide for the adjudication of disputes with respect to the determination of the ratea of duties of customs and central excise on goods and to the valuation of goodi for the purposes of abliesiment of iuch dutiei the bill alao provides for--- <a> the jurisdiction, powt'j"a and authority which may ,be exercised by the appellate 'lribunal; <b) the procedure (iududmg provision as to limitation and rulei of evidence) to be followed by the appellate tribunal; (c) exclusion ot the jurisdictlon of all courts, except that of the supreme court, relating to matters falling within the jurisdiction of the appellate tribunal; (d) the transfer to the appellate tribunal of any suit, appeal or other proceedings pendi!lg before any court, etc, immediately before the establishment of the tribunal which would have been within the jurisdiction of the tribunal if such suit, appeal or other proceedjnis had arisen after such establishment 3 the establishment of the appellate tribunal under the aforesaid provision ot the constitution has become necessary as in recent years there had been an enormoulj increase in litigation relating to custojllfi and excise cases many of these cases relate to disputes pertaining to the determination of the rate of duty and value of goods for purposes of levy of customs and excise duties, it is expected that the establiihment of the appellate tribunal will reduce litigation and will also impart greater ('ertainty in the administration of the said duties ~ the notes on clauses explain in defail the various provisions of the bill 5, the bill seeks to achieve the above objects new delhi; vishwanath pratap singh the 12th novem~r 1986 clause 2-this clause defules certain expressions occurring 1n th~ act clguh3-this clause provides for the establishment of the appellate tribunal clouse 4-this clause states what shall be' the organis3tion of the appellate tribunal, the composition of its benches and the manner in which the benches shall function - clause 5-this clause prascribes the qualifications for appointment as president, judicial member or technical member of the appellate 'tribunal clause 6--":this clause prescribes the manner in which the president :md members of the appellate tribunal shall be appointed clause 7-this clause p~'ovides for the discharge of the president's functions in the contingency when the president is unable to discharge ;!is functions or the office of the president is vacant clause 8-this clause fixes the tenure of the president or other mem-"1'5 of the appellate tribunal subject to a maximum age-limit -clause 9-this clause details the procedure for resignation or re-noval of the president or oth2r members of the appellate tribunal clauge 10-this clause provides for the framing of rules by the central government to regulate the salaries and allowances and other conditions oj: service of president and other members clause ·h-this clause states the position as to further employmen of the president and membpts on their ceasing to hold office as such clause 12--this clause provides for the president to exercise financial and administrative powers and for delegation of such powers clause is-this clause provides that the central government shall provide tbe stat! for the functioning of the appellate tribunal cia •• 14-this clause defines the jurisdiction, powers and authority of the appellate tribunal clause 15-this clause provides for bar of the jurisdiction of the appellate tribunal' in certain cases clause 16-this clause vests the appellate tribunai- with powers to punish for contempt of itself as a high court clause 17-this clause provides for appropriate :jrovislons being made by the president for distribution of business amongst the appellate tribunal and its benches clause 18-this clause provide; for the procedure for preferring appeal to the appellate tribunal clause 19-this clause provides that the appellate tribunal shall have the power to regulate its own procedure subject to the other provisions of this act or of any rules made by the central government it also invests the appellate tribunal with powers of aaivi! court in respect of certain specified matters clause 20-this clause provides for the amount demanded as duty or imposed as penalty in a dispute being deposited pending appeal; and also for deposit being dispensed within certain circumstances clause 21-this clause provides for the aggrieved person taking the assistance of a legal practitioner and the central government presenting its case through one or more persons whether legal practitioners or not clause 22-this clause empowers the appellate tribunal to make interim order~ subject to certain conditions clause 23-this clause defines the powers of the president to transfer cases pending hefore one bench to any other bench for disposal clause 24-this clause prescribes the procedure to be followed for deciding a case where the members of a bench differ in opinion clause 25-thlf; clause indicates in what manner orders may be passed by the appellate tribunal on appeals it also provides for rectification of mistakes apparent in such orders clause 26-this clause provides for the exclusion' of the jurisdiction of all courts, etc, except the supreme court in relation to matters in respect of which appeals would lie to the appellate tribunal clause 27-this clause provides for the transfer to the appellate tribunal of all matters llending in the courts and in the customs excise and gold (control)' appellate tribunal which fall within the jurisillctlon of the proposed tribunal however, appeals penmng in the high court shan not be so transferred 'clause 28-this clause makes it clear that all 'proct>edin~s be'fnre the appellate trft-unal shall be depmed to be judicial proceedtn~ clause 29-this clause makes it clear that member!! ann !!taft oj the appellate tribunal shall be aeemed to be public servants uzaure 30-thia clause provides for protection of the central government or the president or other members of the appellate tribunal in respect of anything done in good faith in persuance of this act -clause 31-this clause is for giving overriding effect to the pro- wions of the legislation claue 32-this clause empowers the central government to make rules for various matters relating to procedure of the appellate tribunal, conditions of rervice of president and other members and similar other matters for the proper functioning of the appellate tribunal cla'u3e 33-this clause empowers the central government to make suitable provtstodl for removing any difficulty in giving effect to the provisions of the legislation clause 34-this clause provides for the consequential amendment in th, central exci'l!les act and the customs act the customs and excise appellate tribunal bill, 1986, provides for the adjudication-by an appellat:e tribunal, of disputes with respect to the duties of customs and excise and the valuation of the goods for the pur poses of assessment of such duties in persuance of article 323b of the constitution and for matters connected therewith or incidental thereto 2 clause 3 of the bill provides for the establishment of the appellate tribunal according to clause 4 of the bill, the appellate tribunal shall consist of a presidt'nt and such number of judicial and technical members as may be considered !lecessary a bench shall consist of one judicial member and nne technical member clause 10 t>rovides that the salaries and allowances payable to, and the other terms and conditions of service of, the president and other members shan be such as may be prescribed by the central government clause 13 provides that the central government ~hall determine the nature a~d categories of the officers and other employees l'equired to assist the appellate tribunal tn the discharge of its functions an-d proyide the appellate tribunal with such officers and other employees 8s it may deem fit salaries and allowances and condition!! of servi(~e of the officers and other employees of the tribunal shall be prescribed by the rules made bv the central government therp arr the provisions in the bill which will have ftnancial implications once it is e'n~ded ::i the anpellate tribunal will comprise six members fnc1ut!inf:! the president the salary and allowf\l'lces of the president of the tribunal would h(' those admissible to a ,tudlte of the supreme court th~ members will be ltiven the sp1nry and allpwanres of a rud!!e of a hf!1h cnurt adeqljate supportin/! st~ff ,,·ill 11~o have to be pro,rfded to the tribunal for its efficient functioning 4 it will also be necessary to provide for an adequate number of departmental renresentatives toj!'ether with supporlin!!' r-;tllff so that the 'oepartment's cases are put forward properlv and effectively before the appellate tribunal the details of the expenditure relatinj!' to the appellate t,ibllnal and the departmental representatives are given below:-------------------------__-----------st no post no averal!e monthly expendi ture annual expendi ture -- -~------ -- --------~ 3 4 s 1 2 '(a)' appel14te tribuml -- 9,000 l,or,oro - 8,000 - 4,80,000 ~ 4,391 52,692 ' 1 s 1 ~ ------- -1 president - 2 members 3 registrar (2000-2250) 3 4 , 2 4 asstt registrar (1500-2000) 2 3,759 90,216 , technical officer (2000-3500) revised scale 3 2,850 1,02,600 6 dos (level ii) 3 1,925 69,300 7 udcs 6 1,695 1,22,040 8 ldcs 6 1,270 91,440 9 ps to president & memben 6 2,850 2,05,200 10 pa (stenographers) 9 (6+3) 2,70,000 11 librarian i 2,100 25,200 12 daftries/record keepers irl,0575o 38,070 3 13 peons/sepoys 9 875 ~94,soo 14 ta/da expenses-hiring of office accommodation/other expenses, etc 2,00,000 19,49,258 r 20,00,000 total: or say (b) d",lmmlal representatives (dr) '5,3] 660 ·1,91,400 1 senior dr (2500-2750) 3 2 drs (1500-2000) 3 3 tech officers (2000-3500) revised scale 3 'j 3,759 ~135,324 r 2,850 tl,02,600 ~2,28,820 4 pas/stenographers 9 1,695 61,020 5 udcs 3 6 idcs 3 1,270 '45,720 7 peons /sepoys 6 875 ~ 63,000 r 1,41,000 8 ta/da expenses hiring of office accommodation and other expenses 9,68,884 total: or say ~ 10,00,000 gross recurring expenditure [total or (a) and (b)] r r:·· 30,00,000 's recurring expenditure will be of the order of ri 30,00,ooonoil"'1'ecuning expenditure for jnitial setting up of the new tribunal maybe ,of ' the order of ri s lakhs :memorandum regahding delegated legislationclause 32 of the bill empowers the central government, by notification in the official gazette, to make rules to carry out the provisions of the proposed legislation sub-clause (2) of this clause enumeratcoll tne matters with respect to which rules may be made under this clause these matters relate to, inter alia, to the salaries and allowanc and other terms and conditioils of service of president and other members, financial and administrative powers of the president, salaries and allowances and other conditions of service of the staff of the appellate tribunal and the manner of verification of certain documents to be filed in the appellate tribunal 2 as the matters with respect to which rules may be made under clause 32 pertain to matters of procedure or detail, the delegation of legislative powers is of a normal character 3 clause 33 of the bill empowers the central government to remove by order any difficulty which may arise in giving effect to the provision of the proposed legislation this is by way of abundant caution and for coveripg difficulties which it is not practicable to visualise it has, however, betm provided that no such order shall be made after the expiry of a period of three yearf; from the date of establishment of the appellate tribuna1 it has also been provided that a copy of every such order made shall be laid befo1"e each housf: of parliament ex'j,ract from the central excises and salt acr, 1944(1 of 1944) - - - - - 358 (1) - - - - appeals to the ap-pellate tribunal {2) the collector of central excise may, if he is of opinion that an order passed by the appellate collector of central excise under section ilj, as it stl'on inunecilately before the appointed day, or the collector (appeals) under sectlon 3~a, is not legal or proper, direct any central c;xclse olficer authorised by him in this behalf (hereafter in tms chapter referred to as the authonsed officer) to appeal on his behalf to the j\ppellat~ tribunal against such order - - - - - powers of boerd or col1ector of central excise to pasli ler-min orders 35e (1) the board may, of it$ own motion, call for and examine the ,j,'ecord of any proceec1jng in which a coilector of central ~x':!lse as an a'cijudicatmg authority nas passed any decision or order under tois act tor the purpose of satlstymg itseil as to the legality or pro-priety oi any such decision or orner and may, by order, c1jrect such collector to apply to the appellate tribunal lor the determmation 01 such points arising out of the dec1slon or order as may be spe:llied by the board in its order (2) the coliector of central excise may, of his own motion, ~al1 fol' and examine the record of any proceeding in which an adjuthcating authol'1ty subordinate to him har passed any decision or order under this act for the purpose of satisfymg himself as to the legality or pro-priety of any such decision or oraer and may, by order, direct ~ulh authority to apply to the collector {appeals) 10r the determination of iuch points arising out of the decision or order as may be specified by the collector of central excise in his order ,(3) no order shall be ,made under sub-section (1) or sub-section ,(2) after the expiry of one year from the date of the decision or order of the adjudicating authority (4) where in pursuance of an order under sub-section (1) for sub-section (2), the adjudicating authority or the authorised officer makes an application to the appellate tribunal or the collector (appeals) within a period of three months from the date of communicatlon of the order under sub-section (1) or sub-section (2) to the adjudicating authority such application shall be heard by the appellate tribunal or the collector (appeals), as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisioll8 of this act regarding appeals, including the provisions of 8ub-section (4) of section 35b shall, so far as may be, apply to such application - - - ii annexure extract i"rom the customs act, 1962 (52 of 1962)(2) the collector of customs may, if he is of opinion that an order passed by the appellate collector of customs under section 128, as it stood immediately before the appointed day or the collector (appeals) under section 128a, is not legal or proper, direct the proper officer to appeal on his behalf to the appellate tribunal against such order 129d (1) the board may, of its own motion, call for and examine the record of any proceedings in which a collector of customs as an adjudicating authorty has passed any decision or order under this act for the purpose of satisf~ing itself as to the legality or propriety of any such decision or order and may, by order, direct such collector to apply to the appellate tribunal for the determination of such points arising out of the decision or order as may be specified by the board in its order (2) the collector of customs may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this act for the purpose of satisfying himself as to the legality or propnety of any such decision or order and may, by order, direct such authority to apply to the collector (appeals) for the determination ot such points arising out of the decision or order as may be specified by the collector of customs in his order (3) no order shall be made under sub-section (1) or sub-section (2) after the expiry of one year from the date of the decision or order of the adjudicating authority (4) where in pursuance of an order under sub-section (1) or subsection (2), the adjudicating authority or any officer of customs authorised in thi5 behalf by the collector of customs, makes an applicati()n to the appellate tribunal or the collector (appeals) within a period of three months from the date c'f communicatin of the order under sub-section (1)or sub-section, (2) to the adjudicating authority, such application shall be heard by the appellate tribunal or the collector (appeals) as the case may be, as if such application were an appeal made clgawt the decision or order of the adjudicating authority and the provisions of this act reg~rding appeals, including the provisions of sub-section (4) of section 129a shall, so far as may be, apply to such application a bill to provide for the adjudication, by an appellate tribunal, of disputes with respect to the determination of the rates of duties of customs and central excise on goods and to the valuation of goods fur the purposes of assessment of such duties, in pursuance of article 323b of the constitution and for matters connected therewith or incidental thereto (shri vishwanath pratap singh, minister of finance)

Parliament_bills

2c6da363-6b5c-5ca6-9b5c-388b31dc434e

anti-discrimination and equality bill, 2016by dr shashi tharoor, mp——————arrangement of clauses——————clauseschapter i preliminary1short title and extent2definitions chapter ii protected characteristics, prohibited acts and positive duties3protected characteristic4protected group5disadvantaged group6direct discrimination7indirect discrimination8harassment9boycott10segregation11discriminatory violence12victimisation13diversification14anti-discrimination duty15diversification duty16due regard duty chapter iii commissions 17 central equality commission18appointment of the chief equality commissioner and equality commissioners19term of office of the central equality commissioner20resignation and removal of chief equality commissioners and equality commissioners21officers and staff of the central equality commission22central government to provide funds23functions of the central equality commission clauses24powers of the commission25state equality commission26appointment of the state chief equality commissioner and equality commissioners27term of office of the state equality commission28resignation and removal of state chief equality commissioners and state equality commissioners29officers and other staff of the state equality commission30state government to provide funds31functions of the state equality commission32powers of the state equality commission chapter iv remedies 33 remedies against discrimination34protection order for aggravated discrimination35punishment for breach of a protection order36jurisdiction of the high court chapter v miscellaneous 37 making a complaint38right to information39burden of proof40interim relief41in camera proceedings42separate criminal office43jurisdiction44saving45application to union territories46power to make rulesthe schedule bill no 289 of 2016 anti-discrimination and equality bill, 2016 bydr shashi tharoor, mpa billto ensure equality to every citizen of the country by providing protection against all forms of social discriminationbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the anti-discrimination and equality act, 20165short title and extent(2) it extends to the whole of indiaprovided that it shall apply to the state of jammu and kashmir only in so far as it relates to any of the matters enumerated in list i or list iii of the seventh schedule to the constitution and as applicable to that statedefinitions2 in this act, unless the context otherwise requires,—(i) the letters "a" and "b" shall have the same meaning as assigned to them under section 14;5(ii) "adverse effect" includes the withholding of a benefit given to others including minimal, symbolic or nominal adverse effects or detriments;(iii) "affirmative action" means adoption of a conduct, law, policy, criterion, practice or structure which is designed to extend benefits, privileges or preferences to one or more disadvantaged groups, as proportionate means to end discrimination;10(iv) "aggravated discrimination" means engaging in or attempting to engage in boycott, segregation or discrminatory violence;(v) "aggrieved person" means any person who alleges that he has been subjected to direct or indirect discrimination, harassment, boycott, segregation, discriminatory violence or victimization;(vi) "central equality commission" means the central equality commission constituted under section 17;15(vii) "consumer" means any person who buys, hires, seeks to buy or seeks to hire any goods from a trader or avails of or seeks to avail of any services of a service provider, and includes non-commercial service-users such as patients and (primary, secondary, vocational or university) students;2025(viii) "employee" includes, but is not limited to, 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, whether skilled, semi-skilled or unskilled, whether working in an administrative or managerial capacity or not, whether working full-time or part-time and including a co-worker, a contract worker, probationer, trainee, apprentice or one called by any other such name;30(ix) "employer" includes, but is not limited to, a contractor and a sub-contractor, and any person who is responsible, whether ultimately or at an intermediate level, for the management, supervision or control of a workplace or discharging contractual obligations with respect to his employees;35(x) "landlord" includes, but is not limited to, any person who is a landholder, seller, lessor, proprietor, housing society, hotel, motel, innkeeper, owner, estate or letting agency, board and lodgings provider or any other person providing residential, commercial, agricultural, or industrial property, for sale, lease or rent for temporary or permanent occupation or use;40(xi) "member of civil society" means any citizen of india who is not a judge of the supreme court, high court or the subordinate courts, a member of parliamnt or state legislative assembly, an officer of the central government or a state government, a member of a political party or of any organization, union or institution formally or informally allied with a political party or holds any office of profit except by way of employment in a public university:45(xii) "person" includes, but is not limited to, an individual, company, business, authority, institution, organization, venture, undertaking, enterprises, institution, establishment, panchayat, personal law board, senior citizen's council, jamaat, political party, club, society, trustee, non-governmental organization, department, office, branch or unit, whether government or private, whether incorporated or registered or not, whether formal or informal, and whether for a profit motive or not;(xiii) "private person performing a public function" includes, but is not limited to public contractors, special purpose vehicles formed in relation to public-private partnerships and businesses in receipt of any special subsidy, grant or benefit from any government that is not ordinarily available to other businesses;5(xiv) "public authority" means any authority, person, board, department, bodyor institution that is:(a) established or constituted by or under the constitution, or by any lawmade by parliament, or by any law made by the legislature of a state, or(b) owned, controlled or substantially financed, directly or indirectly, byfunds provided by the central government or a state government, or1043 of 1951(c) registered as a political party under the representation of people act,1951;15(xv) "religion and belief" includes, but is not limited to, recognized orunrecognized sects within a religion, the religion of an individual's parent, an individual's religion before or after a conversion or reconversion, atherism and agnosticism and any other political or philosophical belief that is compatible with the objectives of this act;20 (xvi) "service provider" means any person who is a provider of any service,including hospitality, entertainment, education (including primary, secondary, vocational and university education), healthcare, advertising, insurance, banking, consultancy, commercial, voluntary, charitable, professional, vocational, legal, transport, cultural, religious, industrial and financial services;(xvii) "state equality commission " means a state equality commission constituted under section 25;25(xviii) "tenant" includes, but is not limited to any person who is a subtenant, lessee, paying guest, occupier or resident in relation to a property owned by another;30(xix) "trader" includes, but is not limited to, any person who is a seller, distributor,retailer, letter, supplier, provider, manufacturer, packer, shopkeeper, retailer or wholesaler of any goods; and(xx) "workplace" includes, but is not limited to,35(a) 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 central government or a state government or a local authority or a government company or a corporation or a co-operative society; or40(b) any private sector organization or a private venture, undertaking,enterprise, institution, establishment, society, trust, non-governmental 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; or(c) hospitals or nursing homes; or45(d) any sports institute, stadium, sports complex or competition or gamesvenue, whether residential or not and used for training, sports or other activities relating thereto;(e) any place visited by the employee arising out of or during the course ofemployment including transportation provided by the employer for undertaking such journey chapter ii protected characteristics, prohibited acts and positive duties3 a "protected characteristic" in relation to a citizen of india means—protected characteristic5(i) caste, race, ethnicity, descent, sex, gender identity, pregnancy, sexualorientation, religion and belief, tribe, disability, linguistic identity, hiv status, nationality, marital status, food preference, skin tone, place of residence, place of birth or age; or(ii) any other personal characteristic which,—(a) is either outside a person's effective control, or constitues a fundamentalchoice, or both; and10(b) defines at least one group that suffers or is in danger of sufferingwidespread and substantial disadvantage, when compared with other groups defined by the same characteristic; or (iii) a combination of any of the above4 (1) for the purposes of this act, a "protected group" means—protected group15(i) a group of persons defined by a protected characteristic including group ofperson who are, or are likely to become pregnant or group of persons living with disability or a sub-group thereof:20provided that, a protected group shall be deemed to include persons who are(correctly or incorrectly) perceived to be members of that group and persons who are associated with the members of that group and may or may not possess any formal recognition, social cohesion or a distirct cultural identityillustrations— 1 men constitute a protected group defined by the protectedcharacteristic sex so do women2 muslim women are a protected group defined by a combinationof two protected characteristics: sex and religion255 for the purposes of this act, "disadvantaged group" means, with respect to—disadvantaged group(i) caste: the scheduled castes recognized under article 341 of the constitution,or any other group that has been or continues to be a subject of the practice ofuntouchability;30(ii) race, ethinicity or descent: any racial and ethnic minorities in the relevantgeographical area, including persons who originate from north-eastern states of india, persons of tibetan origin and persons of african origin;(iii) sex: women and inter-sex persons;35(iv) gender identity: transgendered persons, hijras and gender-non-conformingpersons;(v) pregnancy: those who are or are likely to become pregnant; (vi) sexual orientation: gays, lesbians, bisexuals, kothis and other sexualminorities;40(vii) religion and belief: religious minorities in the relevant geographical area,atheists and agnostics;(viii) tribe: the scheduled tribes recognized in article 342 of the constitution; (ix) disability: persons living with any disability; (x) linguistic identity: linguistic minorities in the relevant geographical area;(xi) hiv-status: persons living with hiv/aids; (xii) nationality; foreign nationals and naturalized citizens; (xiii) marital status: unmarried persons, cohabiting couples, same-sex couples,separated persons, divorced persons, widows;(xiv) food preference: persons who are not vegetarians;5(xv) skin tone: persons with a darker skin tone; (xvi) place of birth or residence: persons born in or ordinarily resident in a ruralarea;(xvii) age: persons over the age of sixty-five, persons under the age of eighteen;10(xviii) an analogous protected characteristic under section 3, any group sufferingwidespread and substantial social, economic, political, cultural, or educational disadvantage and notified by the central equality commission as a disadvantaged group under section 23:15provided that no notification shall be issued without a recommendation of aninquiry committee set up by the central equality commission under sub-section (3) of section 23(xix) a sub-set of or a combination of any of the abovedirect discrimination6 (1) every conduct, rule, regulation, policy, criterion, practice or structure shall be prima facie directly discriminatory if:20(i) motivated by prejudice against or is intended to harm, injure, cause a detrimentto or adversely affect a protected group; or(ii) based on stereotypical assumptions about members of a protected group; or (iii) a reference to a protected characteristic, whether on its own or in combinationwith any other criteria; or25(iv) applied to a member or members of a protected group but not to a member ormembers of any other group defined by the same protected characteristic(v) applied generally,(a) it adversely affects or would adversely affect all members of a protected group to whom it is or would be applied, and30(b) does not or would not adversly affect all members of any other groupdefined by the same protected characteristic to whom it is or could be appliedillustrations— 1 an employer refuses to interview a candidate because hebelongs to a scheduled caste this is direct discrimination in relation to caste352 an employer fires a female employee after her marriagebecause he makes a stereotypical assumption that married women do not make efficient workers this is prima facie direct discrimination in relation to sex403 a hospital hires only female nurses based on thestereotypical assumption that women are more caring than men this is prima facie direct discrimination in relation to sex454 a housing society advertisement offers apartments on rentto married couples this is prima facie direct discrimination in relation to marital status5 a university has a policy of conducting random securitychecks of student hostel rooms in practice, this policy is only invoked to check rooms of kashmiri students this isprima facie direct discrimination in relation to ethnicity, descent and linguistic identity5(2) subject to the other provisions of this section, prima facie direct discrimination constitutes direct discrimination unless the respondent shows that the conduct, rule, regulation, policy, criterion, practice or structure,—(i) is a proportionate means of achieving a legitimate objective; and (ii) was adopted in a good faith10illustrations— 1 a drama company is putting up a production of theramayana it advertises for male actors to apply for therole of rama and female actors for that of sita this is a proportionate means of achieving a legitimate objective152 a restaurant owner refuses to hire a muslim waiter becauseits patrons prefer to be served by non-muslims catering to the prejudices of others is not a legitimate objective20provided that financial gain or the preservation of a culture, ethos or tradition, except when and to the extent that such preservation is in pursuit of the rights guaranteed under articles 29 and 30 of the constitution, shall not be regarded as a direct discrimination of the purposes of this section:provided futher that no conduct, rule, regulation, policy, criterion, practice or structure shall be direct discrimination if its objective can be substantially achieved through nondiscriminatory or less discriminatory means:25provided also that a finding of direct discrimination under clause (ii) of sub-section (1)shall not be disputed merely by showing that the relevant stereotypical assumption is supported by statisticsindirect discrimination7 (1) every conduct, rule, regulation, policy, criterion, practice or structure is primafacie indirectly discriminatory if it does not amount to direct discrimination; and30(i) either puts or is likely to put members of a protected group at a specialdetriment when compared with members of any other group defined by the same protected characteristic; or(ii) has or is likely to have a disproportionate adverse effect on members of aprotected group when compared with members of any other group defined by the same protected characteristic35illustrations— 1 an employer pays part-time workers at a lower hourly ratethan full-time workers, for doing the same work a majority of part-time workers in his establishment are women but a majority of full-time workers are men this is prima facie indirect discrimination in relation to sex402 a housing society only lets apartments to persons with amasters degree in the relevant geographical area, persons belonging to the scheduled castes are substantially less likely to have masters degrees compared with others this is prima facie indirect discrimination in relation to caste453 a milk delivery company has a policy of not supplying milkto butchers most butchers in that locality are muslims this is prima facie indirect discrimination in relation to religion(2) for the purposes of sub-section (1), prima facie indirect discrimination shall constitute indirect discrimination unless the respondent shows that the conduct, rule, regulation, policy, criterion, practice or structure—(i) is a proportionate means of achieving a legitimate objective, and (ii) was adopted in good faith:5provided that no conduct, rule, regulation, policy, criterion, practice or structure shall be indirect discrimination if its objective is likely to be substantially achieved through nondiscriminatory or less discriminatory meansharassment108 (1) every communication or conduct related to a protected characteristic directed at a person belonging to a protected group that has the purpose of creating an intimidating, hostile or bullying environment for such person shall be deemed to be harassment in respect of that personillustrations— 1 a schoolboy, who refuses to play sports, is called a 'sissy' by his teacher this is harassment in relation to gender identity152 a co-worker sprinkles 'holy water' on a machine previouslyoperated by a colleague belonging to a scheduled caste to 'purify' it this is harassment in relation to caste20(2) for the purposes of this section, every communication or conduct creating an intimidating, hostile or bullying environment for a person belonging to a protected group shall be determined from the point of view of a reasonable person belonging to that protected group and in the light of relevant historical or social contextboycott9 every call for or practice of any social, economic, political, cultural or other form of avoidance, ostracism, excommunication, expulsion or exclusion that is targeted against or likely to adversely affect members of a protected group shall be deemed to be boycott for the puposes of this act25illustration— 1 a khap panchayat orders villagers to stop all interaction withthe families of a couple who belong to different religions this is boycott in relation to religion-cum-marital statussegregation3010 (1) every use of force, coercion or manipulation, or the threat thereof with the objective of preventing a person from interacting with, relating to, marrying, eating with, living with, socializing with, becoming friends with, visiting, working with, or contracting with another because of a protected characteristic shall be deemed to be segregation for the purposes of this actillustrations— 1 an employer operates separate canteens for upper-caste hindusand all others352 a hindu boy is threatened with violence unless he breaks off hisromantic relationship with a muslim girl3 an adult consenting couple, walking hand in hand in a park, isset upon by a mob which, on discovering that they are not married, forces the woman to tie a rakhi on the man's wrist404 a young woman has her movements restricted and monitored byher family because she is seen at a cinema hall in the company of a young man belonging to the same gotra as herself45 of 186045(2) whoever files a false complaint under section 366 of the indian penal code, 1860 orany other law in force in order to frustrate or with the likely effect of frustrating a person's free choice with respect to any friendship, relationship, cohabitation or marriage shall be deemed to have committed the offence of segregation under this act(3) for the purposes of sub-section (2), a reliable statement made by the person falsely alleged to have been kidnapped or otherwise affected shall be sufficient, although not necessary, to prove that the complaint was false, even if he later retracts from that statement5discriminatory violence11 (1) any abetment, support, encouragement, facilitation or use of violence or coercionthat is targeted against members of a protected group shall be deemed to be a discriminatory violence for the purpose of this act10illustrations—1 a woman belonging to a scheduled caste is stripped and paradedaround a village this is an act of discriminatory violence in relation to caste and sex(2) for the purpose of this act, a public servant who has the duty or ability to protectthe public from violence or coercion fails to make or causes or attempts to cause others to fail to make sufficient efforts to protect members of a protected group from such violence or coercion shall be deemed to have committed discriminatory violence15victimisation12 (1) any subjection of a person or his association to a detriment or adverse effectwho has done or intends to do, or is believed to have done, or is believed to be likely to do, or is believed to have the intention of doing any of the following shall be deemed to be victimisation for the purposes of this act:(i) bringing a complaint under this act, or20(ii) seeking a protection order under this act, or (iii) giving evidence in a proceeding or inquiry under this act, or (iv) making an allegation concerning the contravention of this act, or (v) seeking information in relation to this act, or(vi) doing any act in connection with the purposes or provisions of this act, or25(vii) providing financial, logistical or other support to anyone who has done orintends to do act of victimisationdiversification3013 (1) adoption of a conduct, law, policy, criterion, practice or structure that isdesigned to increase or encourage the participation of a disadvantaged group that, in relation to its population in the relevant geographical area, is substantially excluded from its activities by appropriate government, local authorities and private persons performing public functions, through reasonable means shall be deemed to be diversification for the purpose of this act35(2) for the purpose of sub-section (1), whether a disadvantaged group suffers substantial exclusion shall be determined by calculating the diversity index in accordance with the formula developed by the central equality commission under section 2340explanation— for the purpose of this section "reasonable means of diversification"include, but are not limited to, adoption of or provision for scholarships, targeted advertising, special pre-recruitment or post-recruitment training, tie-breaker rules and reasonable incentives for third parties to benefit the substantially excluded disadvantaged group or any other measure approved by the central equality commission14 (1) in this act, a and b shall be construed broadly, and in accordance with the table below:anti- discrimination dutyabemployeremployees5landlordpurchaser, tenanttraderconsumerservice providerconsumerpublic authorityany affected personprivate persons performing public functionsany persons affected by their publicfunction10(2) a, or a representative of a, shall not directly or indirectly discriminate or use discriminatory violence against, or harass, boycott, segregate or victimise:(i) b, or (ii) any person who seeks to, or would seeks to, become b, or(iii) any person who was b15(3) in accordance with the guidelines issued by the central equality commission under sub-section (2) of section 23, a, or a representative of a, shall take all reasonable steps to ensure that b is protected from discrimination, harassment, boycott, segregation, discriminatory violence and victimisation by others over whom a has any direct or indirect supervisory, managerial, contractual or other power or control20(4) the duty under sub-section (2) shall include the duty to institute a readily accessible, independent and well-publicized formal complaints mechanism and the duty to duly investigate and act on any complaints, in accordance with the guidelines issued by the central equality commission under sub-section (2) of section 2325(5) notwithstanding anything contained under this act, the following shall not constitute a breach of the anti-discrimination duty:(i) diversification or any other form of affirmative action, including collectinginformation for, calculating or publishing the diversity index, whether mandatorilyunder sections 15 and 16;(ii) providing diversity training under section 15;30(iii) giving due regard to the need to eliminate discrimination and to promoteequality and diversity as defined under section 16; and(iv) doing, making, communicating, adopting or instituting in good faith anythingmentioned in the schedule to this act:35provided that a's group membership, including his membership of the sameprotected group as b, shall be irrelevant to determine whether a has breached his duty under this act(6) nothing in this act shall affects the continued operation of any provision of quotas, reservations or other affirmative action required under any other law40diversification duty15 (1) every public authority, landlord or housing society managing over fiftyresidential units, secondary or tertiary educational institutions, private person performing public functions and employers with more than one hundred employees shall calculate, publish and report their diversity index to state equality commission, in a form prescribed by the central equality commission(2) the first diversity index under sub-section (1) shall be prepared within three years of the enactment of this act and shall be prepared annually thereafter(3) every public authority shall undertake due measures to progressively realize diversification in all aspects of their work and at all levels of their workforce5(4) every private person performing public function shall undertake measures to progressively realise diversification in the aspects of their work and work force related to the discharge of their public function(5) while performing diversification duty, sexual, caste, tribal and religious diversification, shall be given priority in policing and public procurement under this act:10provided that the diversification measures in any given year may focus on any one ormore substantially excluded disadvantaged group(6) the diversification duty shall be applicable to citizens of india who ordinarily reside in the relevant geographical area15(7) all public authorities shall, in consultation with the central or a state equality commission, as the case may be, conduct regular training sessions for their personnel to sensitize them the importance of equality, anti-discrimination and diversity and to educate them for carrying out the purposes of this act43 of 195420(8) the training courses for members of the police force, armed forces deployed incivilian areas, magistrates in charge of issuing protection orders under this act, and officers in charge of implementing the special marriage act, 1954 shall be conducted within two years of the enactment of this act, and be conducted on an annual basis thereafter(9) the training courses for other public servants who deal directly with members of the public shall within three years of the enactment of this act(10) the central or a state equality commission may order any public authority torequire its personnel to undergo diversity training courses25due regard duty16 all public authorities while making a rule, regulation, policy or strategic decisionshall give due regard to climinate all forms of discrimination to promote equality and diversity chapter iii commissions30central equality commission17 (1) the central government shall, by notification in the official gazette, withinsixty days of the date of commencement of this act, constitute a commission to be known as the central equality commission to exercise the power conferred on, and to perform the functions and duties assigned to it under this act(2) the central equality commission shall consist of—35(a) a chief equality commissioner, who has been a judge of the supreme courtor the chief justice of a high court, or a senior advocate for at least seven years in supreme court;(b) two equality commissioners, who shall be a person of eminence, integrity and expertise in the area of anti-discrimination and equality in realizing the to be appointed by central government in such manner as may be prescribed, including—40(i) one member belonging to the academic community, having a doctoral degree in the social sciences and an academic position at a university:45provided that the academic member shall be granted leave without prejudice by their employing universities for the duration of their term of appointment or until the date of their retirement from their academic appointment, whichever is earlier; and(ii) one member of the civil society who has worked for organizations committed in advancing the purpose of this act:provided that at least one of the equality commissioners shall be a woman(c) the chairperson of the national commission for scheduled castes, member,ex-officio;5(d) the chairperson of the national commission for scheduled tribes, member;ex-officio;(e) the chairperson of the national commission for backward classes, member,ex-officio;(f) the chairperson of the national commission for women, member, ex-officio;10(g) the chairperson of the national commission for minorities, member,ex-officio;(h) the chairperson of the national commission for the protection of childrights, member, ex-officio;15(i) the chief commissioner for persons with disabilities, members, ex-officio; (j) the national commissioner for linguistic minorities, member, ex-officio; and(k) the chairperson of the national human rights commission, member, ex- officio20(3) the decision of the chief equality commissioner and the two equality commissioners by consensus shall be deemed to be the decision of the central equality commission18 (1) the chief equality commissioner and equality commissioners shall be appointed by the president by warrant under his hand and seal(2) the chief equality commissioner and the equality commissioners shall be appointed on the recommendation of a selection committee consisting of the following:appointment of the chief equality commissioner and equality commissioners(i) minister in-charge of ministry of law and justice government of india;25(ii) leader of opposition in the house of the people; (iii) chief justice of india, and(iv) two members of civil society to be nominated by the other three members ofthe committee30(3) the general superintendence, direction and management of the affairs of the central equality commission shall vest in the chief equality commissioner, who, assisted by the equality commissioners, may exercise all such powers, perform all such functions and duties and do all such acts and things which may be exercised, performed or done by the commission autonomously, without being subjected to any control, supervision or directions by any other authority, including any department of the government of india or a state government35(4) the chief equality commissioner or an equality commissioner shall not be a member of parliament or member of the legislature of any state or union territory, or be an officer of the central government or a state government, or hold any office of profit except by way of employment in a public university, or be a member of any political party or of any organisation, union or institution formally or informally allied with a political party40(5) the selection committee shall, but not later than six months prior to any vacancy due to arise, issue an advertisement for inviting applications from persons, for appointment as chief equality commissioner and equality commissioners:45provided that the advertisement shall contain the criteria on the basis of which the selection committee shall select the chief equality commissioner and the equality commissionersterm of office of the central equality commissioner19 (1) the term of office of the chief equality commissioner and the equality commissioners shall be five years from the date on which he enters upon his office or when he attains the age of seventy years or whichever is earlier and shall not be eligible for re-appointment:5provided that in order to facilitate a staggered renewal of personnel, one of the first set of equality commissioners shall be appointed for a term of four years and the other for a term of six years(2) the salaries and allowances payable to and other terms and conditions of service of the chief equality commissioner and the equality commissioners shall be such as may be prescribed and shall not be varied to their disadvantage after their appointment, and10(i) for the chief equality commissioner shall be the same as that of the chief election commissioner, and(ii) for an equality commissioner shall be the same as that of an election commissioner15(3) an equality commissioner shall be eligible for appointment as the chief equality commissioner or a state chief equality commissioner during or after the end of his term, as long as he satisfies requirements specified under this act20 (1) the chief equality commissioner or an equality commissioner may, at any time, by notice given in writing under his hand addressed to the president, resign from his office20(2) the president may, by order, remove from office the chief equality commissioner or an equality commissioner, who—resignation and removal of chief equality commissioners and equality commissioners(i) has been adjudged an insolvent; or (ii) engages during his term of office in any paid employment outside the duties of his office; or(iii) has become physically or mentally incapable of performing his duty;25(iv) is of unsound mind and stands so declared by a competent court; or(v) has been convicted of an offence which, in the opinion of the president, involves moral turpitude30(3) subject to the provisions of sub-section (2), the chief equality commissioner or an equality commissioner shall be removed from his office by order of the president only on the ground of proven misbehaviour or incapacity after the supreme court on reference being made to it by the president, has, on inquiry, reported that the chief equality commissioner or an equality commissioner, as the case may be, be removed3521 (1) the central government shall, in consultation with the chief equality commissioner, provide the chief equality commission and the equality commissioner with such, officers and employees as may be necessary for the efficient functioning under this act:officers and staff of the central equality commissionprovided that any reduction in, officers and employees of the central equality commission shall require a resolution to that effect passed by a majority of the total number of members present and voting in both houses of parliament:40provided further that at least five officers having expertise shall be made available atall times to the central equality commission, including at least one officer in the rank of a secretary to the government of india, who shall act as the secretary to the central equality commission45(2) the salaries and allowances payable to and the terms and conditions of service ofthe officers and other employees appointed under sub-section (1) shall be such as may beprescribed(3) in addition to the employees and officers appointed under sub-section (1), the central equality commission may employ, through an open and publicly advertised selection process, ten university graduates preferably in the social sciences and law, for interships for a period of two years5(4) the central government shall make provision for reasonable official, living andmaintenance costs interns employed by the central equality commission under sub-section (3)22 the central government shall, after due appropriation made by parliament by law in this behalf provide requisite funds to the chief equality commission for carrying out the purposes of this act10central government to provide requisite funds23 (1) without prejudice to any other function assigned to under this act, the central equality commission shall—functions of the central equality commission(i) climinate discrimination, harassment, boycott, segregation, discriminatoryviolence and victimization;15(ii) encourage the formulation and adoption of good practice in relation toequality, anti-discrimination and diversity, especially for disadvantaged groups;(iii) promote awareness and understanding of the rights and duties under thisact;(iv) assist aggrieved persons in seeking legal remedies provided under this act; (v) monitor the enforcement of this act; and20(vi) review, from time to time, the functioning of this act and makerecommendations for its improvement(2) the central equality commission, in consultation with the state equality commissions, shall—25(i) issue guidelines for protection from discrimination, harassment, boycott,segregation, victimization, discriminatory violence of b from a or a's representative by sub-section (3) and (4) of section 14, and revise the guidelines, from time to time;(ii) develop a formula for calculating the diversity index for the purposes of subsection (2) of section 13;30(iii) issue guidelines specifying particular acts amounting to or not amountingto direct or indirect discrimination, harassment, boycott, segregation, discriminatory violence or victimization, in specific sectors or in relation to particular protected characteristics;35(iv) submit an annual central equality report on the effective implementation ofthis act, including the functioning of the central equality commission and the state equality commissions to the central government and shall publish it on its website on the date of submission of the report:provided that the central government, upon receipt of the central equality report, shall be laid before each house of parliament:(v) issue guidelines for the provision of diversity training; and40(vi) study treaties and other international instruments concerning the promotionof equality and diversity and the prohibition of discrimination and make recommendations for their effective implementation(3) the central equality commission shall—45(i) constitute an independent inquiry committee consisting of five-member todetermine, after investigation, whether a group with certain protected characteristics, faces widespread and substantial social, economic, political, cultural, or educational disadvantage:provided that the inquiry committee shall include at least one member of thecentral equality commission:5provided further that in order to constitute a valid recommendation at least fourmembers of the inquiry committee shall by consensus agree with the recommendation(ii) issue notification under clause (xviii) of sub-section (1) of section 5 after thereport of the independent inquiry committee has been tabled before each house of parliament:10provided that the central government shall cause the report to be tabled withinthirty days of receiving it, or if a house is in recess, within two weeks of the start of its next session before each house of parliament(4) the central equality commission shall exercise its powers and duties in a transparent and consultative manner, with a view to advance the purposes of this act15powers of the central equality commission24 (1) the central equality commission shall, while inquiring into any matter, seekingany information, facilitating the resolution of any dispute or issuing any order under this act, have the same powers as are vested in a civil court under the code of civil procedure 1908(2) without prejudice to any other power or duty specified in this act, the central equality commission may:20(i) approach any court for the enforcement of this act; (ii) require any public servant to undergo diversity training; (iii) take any other reasonable action towards the implementation of this act; (iv) conduct equality impact assessments of the activities or composition of anypublic authority or any private person performing a public function;25(v) direct a state equality commission to investigate any alleged breach ofprovisions of this act(3) without prejudice to its powers under this act, the central equality commission may seek any information, including information necessary to calculate the diversity index and conduct any investigation in relation to the diversification duty or the due regard duty30(4) if the central equality commission investigation reveals a breach of the provisions of this act, it shall make suitable recommendations to remedy such breach after giving the person or authority in breach a reasonable opportunity of being heard35(5) the person or authority in breach shall adopt the recommendations made under sub-section (4) or propose an alternative set of remedial measures within two months of date of making such recommendations:provided that after the expiry of two months from the date of recommendations were received by the person or authority in breach, the central equality commission may reissue the recommendations, including any modifications which it may deem fit, as an order40state equality commission25 (1) every state government shall, by notification in the official gazette, constitutea commission to be known as the state equality commission to exercise the powers conferred on, and to perform the functions and duties assigned to it under this act(2) the state equality commission shall consist of—45(a) a state chief equality commission, who has been a judge of a high court, oris or has been a central equality commissioner or a state equality commissioner for a period of at least three years; and(b) four other state equality commissioners, who shall be a person of eminence integrity and expertise in the area of anti-discrimination and equality including—(i) at least two legal members, who shall be advocates for least five yearsin a high court or the supreme court;5(ii) at lest one academic member, have a doctoral degree in the socialsciences and an academic position at a university:provided that the academic member shall be granted leave withoutprejudice by his or her employing university for the duration of their term of appointment or until the date of their retirement from their academic appointment, whichever is earlier; and10(iii) at least one member of civil society who has worked for organizationscommitted in advancing the purposes of this act:provided that at least one-half of the member of the state equalitycommissioners shall belong to one or more disadvantaged groups:15provided further that at leat two state equality commissioners shall bewomen(3) the state equality commission shall include the chairperson of the state human rights commission, if any, or his representative as an ex officio member26 (1) the state chief equality commissioner and state equality commissioners shall be appointed by the governor by warrant under his hand and seal20(2) the state chief equality commissioner and the state equality commissioners shall be appointed on the recommendation of a selection committee consisting of:appointment of the state chief equality commissioner and equality commissioners(i) a member of the council of ministers of that state, as nominated by the stategovernment(ii) leader of opposition in the state legislative assembly25(iii) chief justice of the high court having jurisdiction in the state (iv) two members of civil society to be nominated by the other three members ofthe committee30(3) the general superintendence, direction and management of the affairs of the state equality commission shall vest in the state chief equality commissioner, who, assisted by the state equality commissioners, may exercise all such powers, perform all such functions and duties and do all such acts and things which may be exercised, performed or done by the commission autonomously, without being subjected to any control supervision or directions by any other authority, including any department of the government of india or a state government35(4) the state chief equality commissioner or a state equality commissioner shall not be a member of parliament or member of the legislature of any state or union territory, or be an officer of the central or a state government, or hold any office of profit except by way of employment in a public university, or be a member of any political party or of any organization, union or institution formally or informally allied with a political party40(5) the selection committee shall, but not later than six months prior to any vacancy due to arise, issue an advertisement for inviting applications from persons for appointment as the state chief equality commissioner and state equality commissioners:45provided that the advertisement shall contain the criteria on the basis of which theselection committee shall select the state chief equality commissioner and the state equality commissionersterm of office of the state equality commission27 (1) the term of office of the state chief equality commissioner and the state equality commissioners shall be five years from the date on which he enters upon his office or when be attains the age of seventy years or, whichever is earlier, and shall not be eligible for re-appointment:5provided that in order to facilitate a staggered renewal of personnel two of the first set of state equality commissioners shall be appointed for a term of four years and the other two for a term of six years10(2) the salaries and allowances payable to and other terms and conditions of service of the state chief equality commissioner and the state equality commissioners shall be such as may be prescribed and shall not be varied to their disadvantage after their appointment, and:(i) for the state chief equality commissioner shall be the same as that of thestate chief election commissioner; and(ii) for the state equality commissioner shall be the same as that of a stateelection commissioner15(3) a state equality commissioner shall eligible for appointment as the state chief equality commissioner or a central equality commissioner or a chief equality commissioner during or after the end of his term, as long as he satisfies all other requirements specified under this act2028 (1) the state chief equality commissioner or a state equality commissioner may, at any time, by notice given in writing under his hand addressed to the governor, resign from his office(2) the governor of the state may, by order, remove from office the chairperson or any member if the chairperson or such member, as the case may be, if the member—resignation and removal of state chief equality commissioners and state equality commissioners(i) has been adjudged an insolvent; or25(ii) engages during his term of office in any paid employment outside the dutiesof his office; or(iii) has become physically or mentally incapable of performing his duty; or (iv) is of unsound mind and stands so declared by a competent court; or30(v) has been convicted of an offence which, in the opinion of the governor,involves moral turpitude35(3) subject to the provisions of sub-section (2), the state chief equality commissioner or a state equality commissioner shall be removed from his office by order of the governor of the state on the ground of proven misbehaviour or incapacity after the high court, on reference being made to it by the governor, has, on inquiry, reported that the state chief equality commissioner or the state equality commissioner, as the case may be, be removed4029 (1) the state government shall, in consultation with the state chief equality commissioner, provide that state chief equality commissioner and the state equality commissioners with such, officers and employees as may be necessary for the efficient functioning under this act:officers and other staff of the state equality commissionprovided that any reduction, officers and employees of the state equality commission shall require a resolution to that effect passed by a majority of the total number of members present and voting in the legislative council and legislative assembly, if any:45provided further that at least five officers with sufficient experience, shall be made available at all times to the state equality commission, including at least one officer in the rank of a secretary to the state government, who shall act as the secretary to the state equality commission(2) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed under sub-section (1) shall be such as may be prescribed5(3) in addition to the employees and officers appointed under sub-section (1), the stateequality commission may employ, through an open and publicly advertised selection process, ten university graduates, preferably in the social sciences and law, for internships lasting up to a period of two years(4) the state government shall make provision for reasonable official, living and maintenance costs interns employed by the state equality commission1030 the state government shall, after due appropriate made by state legislative inthis behalf, provide requisite funds to the state chief equality commission for carrying out the purpose of the actstate government to providefunds31 (1) the state equality commission shall—functions of the state equality commission15(i) inquire, suo motu or on a petition presented to it by an aggrieved person or any person on his behalf, or on direction or order of any court, or the central equality commission, into any complaints of breach of anti-discrimination duty amounting to direct or indirect discrimination, harassment, boycott, segregation, discriminatory violence or victimisation;(ii) conduct equality impact assessments of the activities or composition of any public authority or any private person performing a public function;20(iii) submit an annual state equality report on the effective implementation of this act, including the functioning of the state equality commission, to the state government and the central equality commission, and shall publish it on its website on the date of submission of the report:25provided that the state government, upon receipt of the equality report, shallcause it to be laid before the legislative assembly and the legislative council, if any(2) the state equality commission shall have original jurisdiction with regard to alleged breach of anti discrimination duty, diversification duty or due regards duty under this act if occasioned by any form of speech, expression or communication only if the respondent ordinarily resides within its territorial jurisdiction30(3) the state equality commission shall abide by the norms of procedural fairness and principles of natural justice while discharging its judicial functions(4) the state equality commission shall, while discharging its judicial functions, give due regard to guidelines issued by the central equality commission under sub-section (2) of section 23 of this act:35provided that the reasons for disregarding such guidelines shall be recorded in writing (5) the state equality commission shall exercise its powers and duties in a transparent and consultative manner, with a view to advance the purposes of this act40powers of the state equality commission5 of 190832 (1) the state equality commission shall, while inquiring into any matter, seeking any information, facilitating the resolution of any dispute or issuing any order under this act, have the same powers as are vested in a civil court under the code of civil procedure 1908, and in particular,(i) summoning and enforcing the attendance of witnesses and examining themunder oath(ii) discovery and production of any document45(iii) receiving evidence on affidavits(iv) requisitioning any public record or copy thereof from any court or office (v) issuing commissions for the examination of witnesses or documents, (vi) any other matter which may be prescribed5(2) without prejudice to its other powers under this act, the state equality commission may seek any information, and conduct any investigation in relation to the diversification duty or the due regard duty(3) if the state equality commission on investigation reveals a breach of the provisions of this act, it shall make suitable recommendations to remedy such breach after giving the person or authority in breach a reasonable opportunity of being heard10(4) the person or authority in breach shall adopt or propose an alternative set of remedial measures the recommendations made under sub-section (1) within two months:provided that the expiry of two months from the date of recommendations were received by the person or authority in breach, the state equality commission may reissue recommendations, including any modification it may deem fit, as an order15 chapter iv remediesremedies against discrimination33 (1) subject to other provisions of this section, the state equality commission may issue any appropriate order, declaration, injunction, relief or award to remedy the breach of the anti-discrimination duty, diversification duty or due regard duty, including requiring a, or any other person who is a party to the proceedings before it, to—20(i) amend or abandon the discriminatory conduct, policy, criterion, practice orstructure(ii) pay damages, mesne profits, back wages or salary, and any other costs,along with any interest, after adjustment for inflation, to the agrieved persons and, exceptionally, to any other person,25(iii) apologize and guarantee non-repetition of the offences in writing to theaggrieved persons,(iv) adopt suitable diversification measures,(v) undergo, or require a person under his or her supervision or control toundergo, diversity training,30(vi) investigate and act upon harassment or victimization by another, (vii) put processes, mechanisms or structures in place to avoid future breaches, (viii) guarantee, in writing, the non-repetition of the breach, (ix) give due regard to the need to eliminate all forms of discrimination and topromote eqality and diversity,35(x) do or refrain from doing anything else which are prohibited under this act: provided that for acts of aggravated discrimination, exemplary damages shall beawarded(2) any remedy specified under sub-section (1) shall, except a, be ordered against anyone, who commits aggravated discrimination40(3) the quantum of damages ordered against each respondent who intentionally commits direct or indirect discrimination, harassment and or victimization under this section shall not ordinarily be less than twice the monthly salary of a member of parliament at the time of making the order or rupees one lakh, whichever is higher, to each aggrieved person(4) the quantum of exemplary damages ordered against each respondent who commits aggravated discrimination under this section shall not ordinarily be less than the annual salary of the president of india at the time the order is made or rupees fifteen lakhs, whichever is higher5protection order for aggravated discrimination34 (1) without prejudice to the powers and duties of the state equality commissionunder this act, an aggrieved person alleging aggravated discrimination, or any other person acting on behalf of such person, may seek a protection order from the court of judicial magistrate of the first class or the metropolitan magistrate, as the case may be, within the local limits of which:10(i) the alleged discriminator temporarily or permanently resides or operates orcarries out business or is employed or is headquartered, or(ii) the cause of action has arisen15(2) the magistrate shall issue a protection order after being satisfied that the applicationmade by the aggrieved person or by any other person acting on behalf of the aggrieved person prima facie provides a reasonable basis to suspect that an act of aggravated discrimination has been committed, is threatened to be committed, is likely to be committed, is being committed, or is likely to continue being committed against such person20(3) a failure to identify particular persons responsible for the alleged discriminatoryact or particular aggrieved persons shall not be a ground for refusing to issue a protection order(4) a protection order may be addressed to any identified or unidentified persons and their formal or informal members, affiliates, volunteers and representatives, as well as to persons who may have supported, justified, provoked, encouraged or facilitated the alleged discriminatory act even if they have not committed or threatened to commit it themselves25(5) the fact that the case may be pursued, is being pursued, or has been pursued, incivil proceedings before the state equality commission or the high court shall not be a ground for refusing to issue a protection order(6) a protection order under this section may be granted ex parte:30provided that the magistrate may, for reasons to be recorded in writing, modify orrevoke the order on the application of the addressee of such order if he allays the suspicion that was the basis of the order and shows that the continuing operation of the order, or a partthereof, shall cause him substantial injustice(7) a protection order may—(a) order particular persons (and their formal or informal members, affiliates,volunteers and representatives) to refrain from:35(i) committing or encouraging others to commit any acts prohibited under this act(ii) communicating in any form with the person aggrieved or any persons providing support to the person aggrieved40(iii) entering the place of residence, education or workplace of or anyother place frequented by the person aggrieved or any persons providing support to the person aggrieved(iv) committing any other act specified in the protection order:(b) order persons generally, or persons resident or operating a particular geographical area, to refrain from:45(i) committing or encouraging others to commit any acts prohibited under this act against members of the protected group to which the aggrieved person belongs or against anyone else(ii) committing any other act specified in the protection order:(c) order the state, or any agency of the state, to protect, generally or through specific directions such as quashing any complaints or providing safe accommodation, the safety and security of any person's body, property and rights, including the rights against discrimination guaranteed under this act:5provided that the magistrate shall, after making suitable modifications as may be necessary in order to protect the anonymity of any person, require any order issued under clause (b) of this sub-section, or a part thereof, to be published immediately in at least two widely read local newspapers of two different languages, and the date of such publication shall be deemed to be the date of service of such order10(8) a protection order shall, remain in force until the magistrate is satisfied, on the application of either party, that there is a change in circumstances requiring modification or revocation of such order, when for reasons to be recorded in writing, any appropriate modification or revocation may be made15(9) save as otherwise provided in this section, all proceedings under this section and shall be governed by the code of criminal procedure, 1973(10) an appeal shall lie to the court of session within thirty days from the date on which the protection order is served on the aggrieved person or the addressee of the protection order, whichever is later20(11) a protection order issued under this section shall be enforceable at any place, even if that place is outside the jurisdiction of the magistrate who issued it35 (1) whoever breach a protection order issued under section 34 shall be punished with imprisonment of either description for a term which may extend upto one year, or with fine which may extend upto the annual salary of the president of india, or with bothpunishment for breach of a protection order25(2) the offence under sub-section (1) shall be tried, as far as practicable, by the magistrate who had passed the protection order(3) the offence under sub-section (1) shall be cognizable and non-bailable36 (1) the high court shall have original jurisdiction with regard to any incompatibility between this act and any other law in forcejurisdiction of the high court30(2) any person aggrieved by any order of the central or the state equality commission may file on appeal against order the high court within whose jurisdiction the said commission is located within forty-five days from the date on which the order was served upon to him chapter v miscellaneous37 (1) a complaint under this act may be made by:35making a complaint(i) an aggrieved person, or (ii) if the aggrieved person is deceased, his nearest relative, including anyunmarried or cohabiting spouse or partner or any person with whom the deceased intended to marry or enter into a romantic or sexual relationship, or(iii) an organisation representing the aggrieved person on this consent, or40(iv) where there are more than one aggrieved person having same interest, anyof them acting on behalf of or for the benefit of all of them:45provided that no such complaint shall be made unless permitted by the centralequality commission or the state equality commission, as the case may be, which shall not give its permission unless it has taken reasonable measures to notify, either directly or through a notification in two local newspapers, all aggrieved persons or as many of them as is possible to do so(2) anyone who makes a false complaint against a member of a disadvantaged group under this act shall be liable to pay exemplary damages to the person against whom the false complaint was maderight to information38 (1) b has a right to seek the following information, subject to information within theambit of section 8 of the right to information act, 2005, from a:22 of 2005 5(i) any information necessary to calculate the diversity index in relation to anyaspect of the composition, operation or functioning of a, or(ii) any information necessary to substantiate a potential or actual claim underthis act10(2) the provisions of the right to information act 2005, shall apply mutatis mutandisto the right to information guaranteed under this section(3) a's refusal or failure to provide the information sought within thirty days of the request with respect to any other person, shall be a ground for b to complain to the state equality commission15(4) state equality commission if is satisfied that b has the right to the said information,it shall order a to provide itburden of proof39 (1) in any proceeding before the state equality commission under this act, theplaintiff has the burden of establishing a prima facie breach of any duty under this act:20provided that if any information is or is likely to be in the possession of therespondent or sought from the respondent under section 38, the respondent's failure to produce such information within thirty days from the date the request was made shall require the commission to draw an adverse inference against the respondent, unless, for reasons to be recorded in writing, the commission decides that doing so will cause substantial injusticeinterim relief2540 (1) if a prima facie case of the breach of any duty imposed by this act is made outin the submissions of the plaintiff, the state equality commission may order appropriate interim relief in favour of the plaintiff:provided that such interim relief should not be of a nature that is likely to cause seriousprejudice to the respondent(2) interim relief may be granted ex parte if warranted by the circumstances of the case30(3) interim relief may include a protection order of the nature specified insub-section (7) of section 33in-cameraproceedings3541 (1) the state equality commission may, on the request of the aggrieved person,give directions to protect the anonymity of any person and may conduct any proceedings under this act in camera:provided that, on the request of the aggrieved person two persons may bepermitted to assist him during the proceedingsseparate criminal offence4042 if the same action simultaneously constitutes or may constitute a civil offenceunder this act and a criminal offence under any law, its criminal investigation or prosecution or the outcome of such investigation or prosecution shall not prejudice the independent civil proceedings under this actjurisdiction43 (1) the reliefs available under this act may also be sought in any legal proceedingbefore any court affecting the parties to such proceedings, in addition to any other relief that may be sought in such proceedings45(2) any order made under this act shall be enforceable at any place, even if that placeis outside the jurisdiction of the commission that made such ordersaving44 nothing in this act shall affect any right, interest or privilege that an aggrievedperson has under any other law for the time being in force45 (1) subject to sub-section (2), the central government shall, mutatis mutandis, apply the provisions of this act to the union territoriesapplication to union territories5(2) all powers and functions entrusted to a state government or a governor under thisact shall, in relation to any union territory with a council of ministers responsible to an elected legislative assembly, be exercised by the lieutenant governor acting on the adviceof the council of ministers of the union territorypower to make rules46 (1) the central government may, by notification in the official gazette, make rulesto carry out the purposes of this act(2) the state government may, by notification in the official gazette, make rules tocarry out the purposes of this act1015(3) every rule made by the central government under this act, shall be laid, as soon asmay 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 both houses agree that the rule should not be made or issued, 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 or regulation or notification20(4) every rule made by the state government shall be laid, as soon as may be after it ismade, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house the schedule exceptions[see clause (iv) of sub-section (5) section 14]1 any form of speech or expression protected by article 19 of the constitution 2 provision for a same-sex service provider for personally intimate services, such asnursing or personal hygiene3 restriction of access to public welfare or public offices to citizens 4 requirement of a same-sex tenant for a shared dwelling where the landlord and thetemnant share a kitchen, bathroom, living room, or bedroom5 restriction of food menus to certain cuisines, to the exclusion of other food preferences6 political boycott of any government, organization or company, or a representative of such government, organization or company that is not designed to target a disadvantaged group7 restriction of membership of an association, not being an association providing any housing, education, employment or services, whose primary objective is to facilitate social interaction between members of a protected group, to persons belonging to that protected group8 discrimination in relation to religion by a place of religious worship, with respect to activities that are essentially religious9 measures designed to protect or benefit children 10 provision for a retirement age for employees who are sixty years of age or older 11 an act, not otherwise illegal, amounting to segregation under sub-section (1) ofsection 10 by a parent in relation to his or her child who under the age of sixteen:provided that this exemption does not extend to any act that amounts to segregation under sub-section (2) of section 1012 use of a protected characteristic in electoral candidate selection by political parties:provided that this exemption shall cease to operate after ten years of the enactment of this act statement of objects and reasonsthe constitution of india promises justice, liberty, equality and fraternity to all our citizens however, discrimination denies these cherished constitutional promisescases of discrimination continue to be witnessed in all spheres of social, economic and political life they are frequently directed against dalits, muslims, women, persons of different sexual orientations 'hijras' persons with disabilities, persons from north-eastern states unmarried couples and non-vegetarians, among othersthere is a need to protect everyone who are subject to all forms of unfair discrimination under a single comprehensive legislation which should be neutral and free from bias although it is normally minorities that are at the receiving end of discrimination, the law, in order to be sound, should encompass all citizens it must protect both minorities as well as majorities, which is the intention of this billexisting constitutional protections against discrimination under articles 14, 15, 16 and17 are not sufficient and need to be strengthened with additional statutory protections in order to realize their intended purpose the constitutional directives under articles 38, 39 and 46, as well as the fundamental duty of all citizens under clauses (c) and (e) of article 51a are also intended towards ensuring equality among allgroup membership is celebrated in a vibrant and pluralistic society such as ours, but the law must ensure that no citizen is discriminated against or put to a disadvantage on account of membership of certain groups there is also a need to encourage diversity and affirmative action so long as such discrimination exists, including within the state's rosters of employment and in its various instruments instead of merely mandating punishment for offences we must simultaneously engender greater understanding and empathy within the system among the individuals who constitute that systemit is also noted that india is at present an exception among liberal democracies for not enacting a comprehensive law against discrimination, covering both the public and the private sectors it must be recognized that membership of a group should never adversely affect a citizen's life, and that there is a need to protect all groups and citizens from discrimination in the interests of national unity and diversityhence this billnew delhi;shashi tharooroctober 25, 2016 financial memorandumclause 17 of the bill provides that central government shall constitute a central equality commission to perform the functions and duties assigned to it under this act it also provides for appointment of equality commissioners to the central equality commission clause 18 provides for appointment of a selection committee by the central equality commission clause 19 provides for salaries and allowances payable to chief equality commissioners and equality commissioners of the central equality commission clause 21 provides for appointment of officers and employees by the central government to the central equality commission clause 22 provides for central government to provide requisite funds to the central equality commission clause 25 provides for constitution of state equality commission by the state governments clause 27 provides for salaries and allowances payable to state chief equality commissioners and equality commissioners of the state equality commission clause 29 provides for appointment of officers and employees by the state government to the state equality commission clause 30 provides for state government to provide requisite funds to the state equality commission the expenditure relating to states shall be borne out of the consolidated funds of state governments concerned however, the expenditure relating to union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 46 of the bill empowers the central government and the state governments 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 ensure equality to every citizen of the country by providing protection against all forms of social discrimination————(dr shashi tharoor, mp)gmgipmrnd—2991ls(s3)—22-11-2016

Parliament_bills

d29e8b8e-36cd-510e-854d-2e3c60ee5d1c

bill no lvii of 2018 the reserve bank of india (amendment) bill, 2018 a billfurther to amend the reserve bank of india act, 1934be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may bc called the reserve bank of india (amendment) 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 of 1934amendment of section 72 in section 7 of the reserve bank of india act, 1934 (hereinafter referred to as the principal act):—(i) in sub-section (1), for the words "from time to time give such directions to the bank as it may,", the words "from time to time give such suggestions to the bank as it may";10(ii) in sub-section (2), for the words "subject to any such directions, the words "subjectto any such suggestions accepted by the bank, after consultation with the governoramendment of section 83 in section 8 of the principal after of the sub-section (7), the following sub-section shall be inserted, namely:—"(8) the central board shall appoint a senior officer of the bank to act as its secretary who shall perform such functions and, in such manner, as may be specified by the regulations made by the central board"amendment of section 1154 in section 11 of the principal act (i) after sub-section (1), the following proviso be inserted, namely:—"provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter and he shall also be provided with a minimum of thirty days and a maximum of forty five days to be heard, from the date of notice of such removal, as issued by the central government10(i) after sub-section (6) the following be inserted namely:—"(7) a vacancy shall be filled within,(a) thirty days from the date on which the vacancy arose, where the board-size falls below a total of eleven members, and15(b) one hundred eighty days from the date on which the vaccany arose, in all other cases:20provided, that if the central government is unable to appoint a director within the time period specified the central government shall prepare a report within ninety days from the expiry of the timelimit specified, stating the reasons for the failure to fill the vacancy and lay a copy of the report it before parliament in an ongoing session or where the parliament is not in session, immediately in the next session"5 in the principal act, after section 13 the following new section shall be inserted, namely:—"13a (1) the bank shall publish the agenda of every meeting within fourteen days after every meeting of the central boardinsertion of a new section 13aprocedure for meetings of the central board25(2) except as provided in sub section 13a(3), the bank shall publish, within fourteen days after every meeting of the central board, the minutes of the proceedings of the meeting which shall include the following namely:—(a) the resolution adopted at the meeting of the central board;30(b) the vote cast by each member of the central board, present and voting, ascribed to such member, on resolutions adopted in the said meeting; and(c) the statement of each voting member of the central board specifying the reasons for voting in favour of, or against the proposed resolution35(3) the central board shall be exempted from publishing select portions of the minutes of any meeting or the minutes of an entire meeting, if the subject discussed falls under any of the following categories, namely:—(a) it is likely to frustrate the implementation of an action proposed by the bankor the central board, where such action has not been disclosed to the public; or(b) it is likely to disclose information the premature disclosure of which would,—40(i) lead to significant financial speculation in currencies, securities, orcommodities, or(ii) significantly endanger the economic stability of the nation;22 of 2005(c) they are exempt from disclosure under section 8 of the right to information act, 200545(4) the publication of minutes relating to a particular meeting, may be delayed or exempted completely only if the central board in such meeting,—(a) records the reason under the categories mentioned in sub-section (3)applicable in respect of each portion of the minutes; and(b) the majority of directors' present at the meeting, vote in favour of such action for each portion of the records separately5(5) the quorum for the meetings of the central board shall he more than half the totalnumber of director appointed:provided that atleast half of the directors attending the meeting should have been appointed under clause (c) of sub-section (1) of section 8 of the principal act10(6) the central board shall make rules and regulations consistent with the provisions of this section"6 in section 58 of the principal act in sub-section (2):—amendment of section 58(i) for clause (h), the following shall be substituted, namely:—15"(h) the delegation of powers and functions of the central board to deputy governors, directors or officers of the bank except such powers and functions that are expressly imposed or conferred by any law including this act on the central board" (ii) for clause (i), the following shall be substituted, namely:—20"(i) the formation of the committees of the central board, the delegation of powers and functions of the central board to such committees except such powers and functions that are expressly imposed or conferred by any law including this act on the central board, and the conduct of business in such committees" statement of objects and reasonsthe reserve bank of india (rbi) was constituted to regulate money supply, maintain reserves with an aim to secure macroeconomic stability, and to operate the currency and credit system in order to meet the challenges of an increasingly complex economy india's monetary policy aims to ensure price stability while prioritizing economic growth the responsibility for monetary policy lies with the reserve bank of indiaas the rbi is the apex monetary authority and banking sector regulator in indiadrawing its power from the prescribed functions in the reserve bank of india act, 1934 (thereinafter referred to as principal act), its independence is central to its existence independence of a statutory body is marked by the powers ascribed to it, the composition and appointment of its executive and non-executive members, their removal or absence, and the transparency in the functioning of the institution as a whole independence, specifically in the context of statutory bodies begins with removal of political interference, but accompanied by strong internal checks and balancesthe indian financial code (ifc), was drafted by the financial sector legislative reforms commission (fslrc), which was instituted in 2011 by the ministry of finance the objective was to rewrite and review the legal and institutional architecture of the indian financial sector the gradual enactment of ifc has been the pivot of major financial reforms in india additionally, it is imperative to expedite other crucial recommendations, to strengthen the institutional framework of the rbiin recent times especially post-demonetization, the extent of political interference and the eroding independence of rbi has been much deliberated the central government derives its power to direct the rbi on matters of public interest from section 7 of the principal actwhile working towards the nationalization of the rbi, a bill was prepared to amend the actthe then governor suggested that in the case of differences between the regulator and the government, the latter must take the responsibility for its actions but later, this point was completely missed evidently, section 7 is silent on devolution of responsibility inevitably the blame tends to fall on the rbi amendment to this section seeks to fortify the independence of the rbiamendments to section 8 and section 11 seek to bring written codes on composition, appointment and vacancy of seats in the central board before rbi's central board approved demonetization, when it met, as many as 11 seats out of the 21 sanctioned posts were vacant only 8 out of 10 appointed directors attended the meeting, of which only 4 were eligible to vote and only 2 were independent directors this amendment is thus essential, keeping in mind section 8 (5), which states that no act or decision of the board can he questioned merely on the grounds of existing vacancy or absence as an unbalanced composition cannot be the ground of questioning the decision, corrective measures to fill vacancies must be put in place to ensure there is no vacuum it is crucial to introduce a statutory provision to fill vacancies in a timebound manner amendments to section 13 seek to ensure transparency, with regard to board proceedings, and are in accordance with international practices the amendment in section 58 ensures that central board cannot delegate its power to deliberate on critical issues to the management and to committeesit is important to strengthen the pillars of our economy through institutional reforms, as we envision growth and long-term monetary stabilityhence, this bill rajya sabha———— a billfurther to amend the reserve bank of india act, 1934————(prof mv rajeev gowda, mp)mgipmrnd—1566rs(s3)—15-07-2019

Parliament_bills

d0f219d5-96d3-5a8f-8148-fc87c642318d

bill no 88 of 2020 the companies (amendment) bill, 2020 a billfurther to amend the companies act, 2013be it enacted by parliament in the seventy-first year of the republic of india as follows:—1 (1) this act may be called the companies (amendment) act, 2020short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisionamendment of section 218 of 20132 in the companies act, 2013 (hereinafter referred to as the principal act), in section 2, in clause (52), the following proviso shall be inserted, namely:—"provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the securities and exchange board, shall not be considered as listed companies"53 in section 8 of the principal act, in sub-section (11),—amendment of section 8(a) the words "with imprisonment for a term which may extend to three years or"shall be omitted;10(b) for the words "twenty-five lakh rupees, or with both", the words "twentyfive lakh rupees"shall be substituted 4 in section 16 of the principal act,—amendment of section 16(i) in sub-section (1), in clause (b), for the words "period of six months", the words "period of three months" shall be substituted;(ii) for sub-section (3), the following sub-section shall be substituted, namely:—15"(3) if a company is in default in complying with any direction given under sub-section (1), the central government shall allot a new name to the company in such manner as may be prescribed and the registrar shall enter the new name in the register of companies in place of the old name and issue a fresh certificate of incorporation with the new name, which the company shall use thereafter:20provided that nothing in this sub-section shall prevent a company from subsequently changing its name in accordance with the provisions of section 13"amendment of section 235 in section 23 of the principal act, after sub-section (2) and before the explanation, the following sub-sections shall be inserted, namely:—25"(3) such class of public companies may issue such class of securities for the purposes of listing on permitted stock exchanges in permissible foreign jurisdictions or such other jurisdictions, as may be prescribed30(4) the central government may, by notification, exempt any class or classes of public companies referred to in sub-section (3) from any of the provisions of this chapter, chapter iv, section 89, section 90 or section 127 and a copy of every such notification shall, as soon as may be after it is issued, be laid before both houses of parliament"6 in section 26 of the principal act, in sub-section (9),—amendment of section 2635(a) the words "with imprisonment for a term which may extend to three years or"shall be omitted;(b) for the words "three lakh rupees, or with both", the words "three lakh rupees''shall be substituted7 in section 40 of the principal act, in sub-section (5),—amendment of section 4040(a) the words "with imprisonment for a term which may extend to one year or"shall be omitted;(b) for the words "three lakh rupees, or with both", the words "three lakh rupees"shall be substituted8 in section 48 of the principal act, sub-section (5) shall be omittedamendment of section 48amendment of section 569 in section 56 of the principal act, for sub-section (6), the following sub-section shall be substituted, namely:—5"(6) where any default is made in complying with the provisions of sub-sections(1) to (5), the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees" 10 in section 59 of the principal act, sub-section (5) shall be omittedamendment of section 59 amendment of section 6211 in section 62 of the principal act, in sub-section (1), in clause (a), in sub-clause (i), after the words "less than fifteen days", the words "or such lesser number of days as may be prescribed" shall be inserted1012 in section 64 of the principal act, in sub-section (2),—amendment of section 64(a) for the words "one thousand rupees", the words "five hundred rupees" shall be substituted;15(b) for the words "or five lakh rupees whichever is less", the words "subject to a maximum of five lakh rupees in case of a company and one lakh rupees in case of an officer who is in default" shall be substituted 13 in section 66 of the principal act, sub-section (11) shall be omittedamendment of section 6614 in section 68 of the principal act, in sub-section (11),—amendment of section 6820(a) the words "with imprisonment for a term which may extend to three years or"shall be omitted;(b) for the words "three lakh rupees , or with both", the words "three lakh rupees" shall be substituted 15 in section 71 of the principal act, sub-section (11) shall be omittedamendment of section 71amendment of section 862516 in section 86 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) if any company is in default in complying with any of the provisions of this chapter, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees"amendment of section 883017 in section 88 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—35"(5) if a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees" 18 in section 89 of the principal act,—amendment of section 89(a) for sub-section (5), the following sub-section shall be substituted, namely:—40"(5) if any person fails to make a declaration as required under sub-section (1)or sub-section (2) or sub-section (3), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees"; (b) for sub-section (7), the following sub-section shall be substituted, namely:—5"(7) if a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be liable to a penalty of one thousand rupees for each day during which such failure continues, subject to a maximum of five lakh rupees in the case of a company and two lakh rupees in case of an officer who is in default"; (c) after sub-section (10), the following sub-section shall be inserted, namely:—10"(11) the central government may by notification, exempt any class or classes of persons from complying with any of the requirements of this section, except sub-section (10), if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification" 19 in section 90 of the principal act,—amendment of section 90(a) for sub-section (10), the following sub-section shall be substituted, namely:—15"(10) if any person fails to make a declaration as required under sub-section (1), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of one thousand rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees"; (b) for sub-section (11), the following sub-section shall be substituted, namely:—20 25"(11) if a company, required to maintain register under sub-section (2)and file the information under sub-section (4) or required to take necessary steps under sub-section (4a), fails to do so or denies inspection as provided therein, the company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day, after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of twenty-five thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day,after the first during which such failure continues, subject to a maximum of one lakh rupees"3020 in section 92 of the principal act,—amendment of section 92(a) in sub-section (5),—(i) for the words "fifty thousand rupees", the words "ten thousand rupees"shall be substituted;35(ii) for the words "five lakh rupees", the words "two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default" shall be substituted; (b) in sub-section (6), for the words "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees", the words "liable to a penalty of two lakh rupees" shall be substituted4021 in section 105 of the principal act, in sub-section (5),—amendment of section 10545(a) for the words "who knowingly issues the invitations as aforesaid or wilfully authorises or permits their issue shall be punishable with fine which may extend to one lakh rupees", the words "who issues the invitation as aforesaid or authorises or permits their issue, shall be liable to a penalty of fifty thousand rupees" shall be substituted;(b) in the proviso, for the word "punishable", the word "liable" shall be substituted22 in section 117 of the principal act,—amendment of section 117(i) for sub-section (2), the following sub-section shall be substituted, namely:—510"(2) if any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees"; (ii) in sub-section (3), in clause (g), for the second proviso, the following proviso shall be substituted, namely:—15"provided further that nothing contained in this clause shall apply in respect of a resolution passed to grant loans, or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 in the ordinary course of its business by,—(a) a banking company;202 of 1934(b) any class of non-banking financial company registered underchapter iiib of the reserve bank of india act, 1934, as may be prescribed in consultation with the reserve bank of india;53 of 198725(c) any class of housing finance company registered under thenational housing bank act, 1987, as may be prescribed in consultation with the national housing bank; and"amendment of section 12423 in section 124 of the principal act, for sub-section (7), the following sub-section shall be substituted, namely:—3035"(7) if a company fails to comply with any of the requirements of this section, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of ten lakh rupees and every officer of the company who is in default shall be liable to a penalty of twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees" 24 in section 128 of the principal act, in sub-section (6),—amendment of section 128(a) the words "with imprisonment for a term which may extend to one year or"shall be omitted;40(b) the words "or with both" shall be omitted25 after section 129 of the principal act, the following section shall be inserted, namely:—insertion of new section 129a"129a the central government may, require such class or classes of unlisted companies, as may be prescribed,—periodical financial results45(a) to prepare the financial results of the company on such periodicalbasis and in such form as may be prescribed;(b) to obtain approval of the board of directors and complete audit or limited review of such periodical financial results in such manner as may be prescribed; and(c) file a copy with the registrar within a period of thirty days of completion of the relevant period with such fees as may be prescribed"526 in section 134 of the principal act, for sub-section (8), the following sub-section shall be substituted, namely:—amendment of section 13410"(8) if a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees" 27 in section 135 of the principal act,—amendment of section 135(a) in sub-section (5), after the second proviso, the following proviso shall be inserted, namely:—15"provided also that if the company spends an amount in excess of the requirements provided under this sub-section, such company may set off such excess amount against the requirement to spend under this sub-section for such number of succeeding financial years and in such manner, as may be prescribed"; (b) for sub-section (7), the following sub-section shall be substituted, namely:—20 25"(7) if a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the fund specified in schedule vii or the unspent corporate social responsibility account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such fund specified in schedule vii, or the unspent corporate social responsibility account, as the case may be, or two lakh rupees, whichever is less";30(c) after sub-section (8), the following sub-section shall be inserted, namely:—"(9) where the amount to be spent by a company under sub-section (5)does not exceed fifty lakh rupees, the requirement under sub-section (1) for constitution of the corporate social responsibility committee shall not be applicable and the functions of such committee provided under this section shall, in such cases, be discharged by the board of directors of such company"3528 in section 137 of the principal act, in sub-section (3),—amendment of section 13740(a) for the words "one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees", the words "ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees," shall be substituted;(b) for the words "one lakh rupees", the words "ten thousand rupees" shall be substituted;45(c) for the words "five lakh rupees", the words "fifty thousand rupees" shall be substitutedamendment of section 14029 in section 140 of the principal act, in sub-section (3), for the words "five lakh rupees", the words "two lakh rupees" shall be substitutedamendment of section 14330 in section 143 of the principal act, for sub-section (15), the following sub-section shall be substituted, namely:—"(15) if any auditor, cost accountant, or company secretary in practice does not comply with the provisions of sub-section (12), he shall,—5(a) in case of a listed company, be liable to a penalty of five lakh rupees;and(b) in case of any other company, be liable to a penalty of one lakh rupees"31 in section 147 of the principal act,—amendment of section 147(a) in sub-section (1),—10(i) the words "with imprisonment for a term which may extend to one year or" shall be omitted;(ii) for the words "one lakh rupees, or with both", the words "one lakh rupees" shall be substituted; (b) in sub-section (2), the words ", section 143" shall be omitted15amendment of section 14932 in section 149 of the principal act, in sub-section (9), the following proviso shall be inserted, namely:—"provided that if a company has no profits or its profits are inadequate, an independent director may receive remuneration, exclusive of any fees payable under sub-section (5) of section 197, in accordance with the provisions of schedule v"20amendment of section 16533 in section 165 of the principal act, for sub-section (6), the following sub-section shall be substituted, namely:—"(6) if a person accepts an appointment as a director in violation of this section, he shall be liable to a penalty of two thousand rupees for each day after the first during which such violation continues, subject to a maximum of two lakh rupees"2534 in section 167 of the principal act, in sub-section (2),—amendment of section 167(a) the words "with imprisonment for a term which may extend to one year or"shall be omitted;(b) for the words "five lakh rupees, or with both", the words "five lakh rupees"shall be substituted30amendment of section 17235 for section 172 of the principal act, the following section shall be substituted, namely:—penalty35"172 if a company is in default in complying with any of the provisions of this chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default"amendment of section 178404536 in section 178 of the principal act, in sub-section (8), for the words "punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both", the words "liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees" shall be substitutedamendment of section 18437 in section 184 of the principal act, in sub-section (4), for the words "punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both", the words "liable to a penalty of one lakh rupees" shall be substituted5amendment of section 18738 in section 187 of the principal act, for sub-section (4), the following sub-section shall be substituted, namely:—"(4) if a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees"1039 in section 188 of the principal act, in sub-section (5),—amendment of section 188(a) in clause (i), for the words "punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both", the words "liable to a penalty of twenty-five lakh rupees" shall be substituted;15(b) in clause (ii), for the words "punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees", the words "liable to a penalty of five lakh rupees" shall be substitutedamendment of section 1972040 in section 197 of the principal act, in sub-section (3), after the words "whole-time director or manager,", the words "or any other non-executive director, including an independent director" shall be insertedamendment of section 20441 in section 204 of the principal act, in sub-section (4), for the words "punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees", the words "liable to a penalty of two lakh rupees" shall be substitutedamendment of section 2322542 in section 232 of the principal act, for sub-section (8), the following sub-section shall be substituted, namely:—"(8) if a company fails to comply with sub-section (5), the company and every officer of the company who is in default shall be liable to a penalty of twenty thousand rupees, and where the failure is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such failure continues, subject to a maximum of three lakh rupees"3043 in section 242 of the principal act, in sub-section (8),—amendment of section 242(a) the words "with imprisonment for a term which may extend to six months or"shall be omitted;35(b) for the words "one lakh rupees, or with both", the words "one lakh rupees"shall be substituted 44 in section 243 of the principal act, in sub-section (2),—amendment of section 243(a) the words "with imprisonment for a term which may extend to six months or"shall be omitted;40(b) for the words "five lakh rupees, or with both", the words "five lakh rupees"shall be substitutedamendment of section 24745 in section 247 of the principal act, in sub-section (3), for the words "punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees", the words "liable to a penalty of fifty thousand rupees" shall be substitutedamendment of section 2844546 in section 284 of the principal act, for sub-section (2), the following sub-sections shall be substituted, namely:— "(2) if any person required to assist or cooperate with the company liquidator under sub-section (1) does not assist or cooperate, the company liquidator may make an application to the tribunal for necessary directions(3) on receiving an application under sub-section (2), the tribunal shall, by an order, direct the person required to assist or cooperate with the company liquidator to comply with the instructions of the company liquidator and to cooperate with him in discharging his functions and duties"547 in section 302 of the principal act,—amendment of section 302(a) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) the tribunal shall, within a period of thirty days from the date of the order,—(a) forward a copy of the order to the registrar who shall record in the register relating to the company a minute of the dissolution of the company; and10(b) direct the company liquidator to forward a copy of the order to the registrar who shall record in the register relating to the company a minute of the dissolution of the company"; (b) sub-section (4) shall be omitted1548 in section 342 of the principal act, sub-section (6) shall be omittedamendment of section 34249 in section 347 of the principal act, in sub-section (4),—amendment of section 347(a) the words "with imprisonment for a term which may extend to six months or"shall be omitted;20(b) for the words "fifty thousand rupees, or with both", the words "fifty thousand rupees" shall be substituted 50 in section 348 of the principal act,—amendment of section 348(a) for sub-section (6), the following sub-section shall be substituted, namely:—31 of 201625"(6) where a company liquidator, who is an insolvency professional registered under the insolvency and bankruptcy code, 2016 is in default in complying with the provisions of this section, then such default shall be deemed to be a contravention of the provisions of the said code, and the rules and regulations made thereunder for the purposes of proceedings under chapter vi of part iv of that code"; (b) sub-section (7) shall be omitted30amendment of section 35651 in section 356 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—"(2) the tribunal shall—(a) forward a copy of the order, within thirty days from the date thereof, to the registrar who shall record the same; and(b) direct the company liquidator or the person on whose application the order was made, to file a certified copy of the order, within thirty days from the date thereof or such further period as allowed by the tribunal, with the registrar who shall record the same"52 after section 378 of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter xxia 'chapter xxia producer companies5 part i preliminarydefinitions378a in this chapter, unless the context otherwise requires,—(a) "active member" means a member who fulfils the quantum and period of patronage of the producer company as may be required by the articles;10(b) "chief executive" means an individual appointed as such under sub-section (1) of section 378w;39 of 200215(c) "inter-state co-operative society" means a multi-state co-operative society as defined in clause (p) of section 3 of the multi-state co-operative societies act, 2002 and includes any co-operative society registered under any other law for the time being in force, which has, subsequent to its formation, extended any of its objects to more than one state by enlisting the participation of persons or by extending any of its activities outside the state, whether directly or indirectly or through an institution of which it is a constituent;(d) "limited return" means the maximum dividend as may be specified by the articles;20(e) "member" means a person or producer institution (whether incorporated or not) admitted as a member of a producer company and who retains the qualifications necessary for continuance as such;25(f) "mutual assistance principles" means the principles set out in sub-section (2) of section 378g;(g) "officer" includes any director or chief executive or secretary or any person in accordance with whose directions or instructions part or whole of the business of the producer company is carried on;30(h) "patronage" means the use of services offered by the producer company to its members by participation in its business activities;(i) "patronage bonus" means payments made by a producer company out of its surplus income to the members in proportion to their respective patronage;(j) "primary produce" means —35(i) produce of farmers, arising from agriculture (including animal husbandry, horticulture, floriculture, pisciculture, viticulture, forestry, forest products, re-vegetation, bee raising and farming plantation products), or from any other primary activity or service which promotes the interest of the farmers or consumers; or40(ii) produce of persons engaged in handloom, handicraft and other cottage industries; or(iii) any product resulting from any of the above activities, including by-products of such products; or(iv) any product resulting from an ancillary activity that may assist or promote any of the aforesaid activities or anything ancillary thereto; or45 (v) any activity which is intended to increase the production of anything referred to in sub-clauses (i) to (iv) or improve the quality thereof;(k) "producer" means any person engaged in any activity connected with or relatable to any primary produce;51 of 1956(l) "producer company" means a body corporate having objects or activities specified in section 378b and registered as producer company under this act or under the companies act, 1956;10(m) "producer institution" means a producer company or any other institution having only producer or producers or producer company or producer companies as its member whether incorporated or not having any of the objects referred to in section 378b and which agrees to make use of the services of the producer company or producer companies as provided in its articles;(n) "withheld price" means part of the price due and payable for goods supplied by any member to the producer company; and as withheld by the producer company for payment on a subsequent date15 part ii incorporation of producer companies and other matters378b (1) the objects of the producer company shall relate to all or any of the following matters, namely:—objects of producer company20(a) production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the members or import of goods or services for their benefit:provided that the producer company may carry on any of the activities specified in this clause either by itself or through other institution;25(b) processing including preserving, drying, distilling, brewing, vinting,canning and packaging of produce of its members;(c) manufacture, sale or supply of machinery, equipment or consumables mainly to its members;(d) providing education on the mutual assistance principles to its members and others;30(e) rendering technical services, consultancy services, training, researchand development and all other activities for the promotion of the interests of its members;35(f) generation, transmission and distribution of power, revitalisation ofland and water resources, their use, conservation and communications relatable to primary produce;(g) insurance of producers or their primary produce; (h) promoting techniques of mutuality and mutual assistance;(i) welfare measures or facilities for the benefit of members as may be decided by the board;40(j) any other activity, ancillary or incidental to any of the activities referred to in clauses (a) to (i) or other activities which may promote the principles of mutuality and mutual assistance amongst the members in any other manner;45(k) financing of procurement, processing, marketing or other activities specified in clauses (a) to (j) which include extending of credit facilities or any other financial services to its members(2) every producer company shall deal primarily with the produce of its active members for carrying out any of its objects specified in this section5formation of producer company and its registration378c (1) any ten or more individuals, each of them being a producer or any two or more producer institutions, or a combination of ten or more individuals and producer institutions, desirous of forming a producer company having its objects specified in section 378b and otherwise complying with the requirements of this chapter and the provisions of this act in respect of registration, may form an incorporated company as a producer company under this act10(2) if the registrar is satisfied that all the requirements of this act have been complied with in respect of registration and matters precedent and incidental thereto, he shall, within thirty days of the receipt of the documents required for registration, register the memorandum, the articles and other documents, if any, and issue a certificate of incorporation under this act15(3) a producer company so formed shall have the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them and be termed a company limited by shares20(4) the producer company may reimburse to its promoters all other direct costs associated with the promotion and registration of the company including registration, legal fees, printing of a memorandum and articles and the payment thereof shall be subject to the approval at its first general meeting of the members25(5) on registration under sub-section (2), the producer company shall become a body corporate as if it is a private limited company to which the provisions contained in this chapter apply, without, however, any limit to the number of members thereof, and the producer company shall not, under any circumstance, whatsoever, become or be deemed to become a public limited company under this act378d (1) (a) in a case where the membership consists solely of individual members, the voting rights shall be based on a single vote for every member, irrespective of his shareholding or patronage of the producer companymembership and voting rights of members of producer company30(b) in a case where the membership consists of producer institutions only, the voting rights of such producer institutions shall be determined on the basis of their participation in the business of the producer company in the previous year, as may be specified by articles:35provided that during the first year of registration of a producer company, the voting rights shall be determined on the basis of the shareholding by such producer institutions(c) in a case where the membership consists of individuals and producer institutions, the voting rights shall be computed on the basis of a single vote for every member40(2) the articles of any producer company may provide for the conditions, subject to which a member may continue to retain his membership, and the manner in which voting rights shall be exercised by the members(3) notwithstanding anything contained in sub-section (1) or sub-section (2), any producer company may, if so authorised by its articles, restrict the voting rights to active members, in any special or general meeting45(4) no person, who has any business interest which is in conflict with business of the producer company, shall become a member of that company(5) a member, who acquires any business interest which is in conflict with the business of the producer company, shall cease to be a member of that company and be removed as a member in accordance with the articlesbenefits to members5378e (1) subject to the provisions made in articles, every member shall initially receive only such value for the produce or products pooled and supplied as the board of producer company may determine, and the withheld price may be disbursed later in cash or in kind or by allotment of equity shares, in proportion to the produce supplied to the producer company during the financial year to such extent and in such manner and subject to such conditions as may be decided by the board10(2) every member shall, on the share capital contributed, receive only a limited return:provided that every such member may be allotted bonus shares in accordance with the provisions contained in section 378zj15(3) the surplus if any, remaining after making provision for payment of limited return and reserves referred to in section 378zi, may be disbursed as patronage bonus, amongst the members, in proportion to their participation in the business of the producer company, either in cash or by way of allotment of equity shares, or both, as may be decided by the members at the general meeting378f the memorandum of association of every producer company shall state—memorandum of producer company20(a) the name of the company with "producer company limited" as the last words of the name of such company;(b) the state in which the registered office of the producer company is to situate;25(c) the main objects of the producer company shall be one or more of the objects specified in section 378b;(d) the names and addresses of the persons who have subscribed to the memorandum;(e) the amount of share capital with which the producer company is to be registered and division thereof into shares of a fixed amount;30(f) the names, addresses and occupations of the subscribers being producers, who shall act as the first directors in accordance with sub-section (2)of section 378j;(g) that the liability of its members is limited;35(h) against the subscriber's name, the number of shares each subscriber takes:provided that no subscriber shall take less than one share; (i) that in case the objects of the producer company are not confined to one state, the states to whose territories the objects extendarticles of association40378g (1) there shall be presented, for registration to the registrar of the state to which the registered office of the producer company is, stated by the memorandum of association, to be situate—(a) memorandum of the producer company; (b) its articles duly signed by the subscribers to the memorandum(2) the articles shall contain the following mutual assistance principles, namely:—5(a) the membership shall be voluntary and available, to all eligible persons who, can participate or avail of the facilities or services of the producer company, and are willing to accept the duties of membership;(b) each member shall, save as otherwise provided in this chapter, have only a single vote irrespective of the shareholding;10(c) the producer company shall be administered by a board consisting of persons elected or appointed as directors in the manner consistent with the provisions of this chapter and the board shall be accountable to the members;(d) particulars on limited return on share capital; (e) the surplus arising out of the operations of the producer company shall be distributed in an equitable manner by—15(i) providing for the development of the business of the producer company;(ii) providing for common facilities; and (iii) distributing amongst the members, as may be admissible in proportion to their respective participation in the business;20(f ) provision for the education of members, employees and others, on the principles of mutuality and techniques of mutual assistance;(g) the producer company shall actively co-operate with other producer companies (and other organisations following similar principles) at local, national or international level so as to best serve the interest of their members and the communities it purports to serve25(3) without prejudice to the generality of the foregoing provisions of sub-sections (1) and (2), the articles shall contain the following provisions, namely:—(a) the qualifications for membership, the conditions for continuance or cancellation of membership and the terms, conditions and procedure for transfer of shares;30(b) the manner of ascertaining the patronage and voting right based on patronage;35(c) subject to the provisions contained in sub-section (1) of section 378n, the manner of constitution of the board, its powers and duties, the minimum and maximum number of directors, manner of election and appointment of directors and retirement by rotation, qualifications for being elected or continuance as such and the terms of office of the said directors, their powers and duties, conditions for election or co-option of directors, method of removal of directors and the filling up of vacancies on the board, and the manner and the terms of appointment of the chief executive;40(d) the election of the chairman, term of office of directors and the chairman, manner of voting at the general or special meetings of members, procedure for voting, by directors at meetings of the board, powers of the chairman and the circumstances under which the chairman may exercise a casting vote;45(e) the circumstances under which, and the manner in which, the withheld price is to be determined and distributed;(f) the manner of disbursement of patronage bonus in cash or by issue ofequity shares, or both;(g) the contribution to be shared and related matters referred to insub-section (2) of section 378zi;5(h) the matters relating to issue of bonus shares out of general reserves asset out in section 378zj;(i) the basis and manner of allotment of equity shares of the producercompany in lieu of the whole or part of the sale proceeds of produce or products supplied by the members;10(j) the amount of reserves, sources from which funds may be raised,limitation on raising of funds, restriction on the use of such funds and the extent of debt that may be contracted and the conditions thereof;(k) the credit, loans or advances which may be granted to a member andthe conditions for the grant of the same;15(l) the right of any member to obtain information relating to generalbusiness of the company;(m) the basis and manner of distribution and disposal of funds availableafter meeting liabilities in the event of dissolution or liquidation of the producer company;20(n) the authorisation for division, amalgamation, merger, creation ofsubsidiaries and the entering into joint ventures and other matters connected therewith;(o) laying of the memorandum and articles of the producer company beforea special general meeting to be held within ninety days of its registration;25(p) any other provision, which the members may, by special resolutionrecommend to be included in the articlesamendment of memorandum378h (1) a producer company shall not alter the conditions contained in its memorandum except in the cases, by the mode and to the extent for which express provision is made in this act30(2) a producer company may, by special resolution, not inconsistent withsection 378b, alter its objects specified in its memorandum(3) a copy of the amended memorandum, together with a copy of the special resolution duly certified by two directors, shall be filed with the registrar within thirty days from the date of adoption of any resolution referred to in sub-section (2):35 40provided that in the case of transfer of the registered office of a producer companyfrom the jurisdiction of one registrar to another, certified copies of the special resolution certified by two directors shall be filed with both the registrars within thirty days, and each registrar shall record the same, and thereupon the registrar from whose jurisdiction the office is transferred, shall forthwith forward to the other registrar all documents relating to the producer company(4) the alteration of the provisions of memorandum relating to the change of the place of its registered office from one state to another shall not take effect unless it is approved by the central government on an application in such form and manner as may be prescribed45amendment of articles378-i (1) any amendment of the articles shall be proposed by not less than two-thirds of the elected directors or by not less than one-third of the members of the producer company, and adopted by the members by a special resolution(2) a copy of the amended articles together with the copy of the special resolution, both duly certified by two directors, shall be filed with the registrar within fifteen days from the date of its adoption5378j (1) notwithstanding anything contained in sub-section (1) of section 378c, any inter-state co-operative society with objects not confined to one state may make an application to the registrar for registration as producer company under this chapteroption to inter-state co-operative societies to become producer companies(2) every application under sub-section (1) shall be accompanied by—10(a) a copy of the special resolution, of not less than two-thirds of total members of inter-state co-operative society, for its incorporation as a producer company under this act;(b) a statement showing—(i) names and addresses or the occupation of the directors and the chief executive, if any, by whatever name called, of such co-operative; and15(ii) list of members of such inter-state co-operative society;(c) a statement indicating that the inter-state co-operative society is engaged in any one or more of the objects specified in section 378b;(d) a declaration by two or more directors of the inter-state co-operative society certifying that particulars given in clauses (a) to (c) are correct20(3) when an inter-state co-operative society is registered as a producer company, the words "producer company limited" shall form part of its name with any word or expression to show its identity preceding it25(4) on compliance with the requirements of sub-sections (1) to (3), the registrar shall, within a period of thirty days of the receipt of application, certify under his hand that the inter-state co-operative society applying for registration is registered and thereby incorporated as a producer company under this chapter30(5) a co-operative society formed by producers, by federation or union of co-operative societies of producers or co-operatives of producers, registered under any law for the time being in force which has extended its objects outside the state, either directly or through a union or federation of co-operatives of which it is a constituent, as the case may be, and any federation or unions of such co-operatives, which has so extended any of its objects or activities outside the state, shall be eligible to make an application under sub-section (1) and to obtain registration as a producer company under this chapter35 40(6) the inter-state co-operative society shall, upon registration under sub-section (1), stand transformed into a producer company, and thereafter shall be governed by the provisions of this chapter to the exclusion of the law by which it was earlier governed, save in so far as anything done or omitted to be done before its registration as a producer company, and notwithstanding anything contained in any other law for the time being in force, no person shall have any claim against the co-operative institution or the company by reason of such conversion or transformation(7) upon registration as a producer company, the registrar of companies who registers the company shall forthwith intimate the registrar with whom the erstwhile inter-state co-operative society was earlier registered for deletion of the society from its registereffect of incorporation of producer company5378k every shareholder of the inter-state co-operative society immediately before the date of registration of producer company (hereafter in this chapter referred to as the date of transformation) shall be deemed to be registered on and from that date as a shareholder of the producer company to the extent of the face value of the shares held by such shareholder| 378l ||------------------------------------------------------------------------------------------|| the inter-state co-operative society as on the date of transformation, shall vest in the || producer company || vesting of || undertaking in || producer || company || 10 |(2) all the rights, debts, liabilities, interests, privileges and obligations of the inter-state co-operative society as on the date of transformation shall stand transferred to, and be the rights, debts, liabilities, interests, privileges and obligations of, the producer company15(3) without prejudice to the provisions contained in sub-section (2), all debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the society as on the date of transformation for or in connection with their purposes, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the producer company(4) all sums of money due to the inter-state co-operative society immediately before the date of transformation, shall be deemed to be due to the producer company20(5) every organisation, which was being managed immediately before the date of transformation by the inter-state co-operative society shall be managed by the producer company for such period, to such extent and in such manner as the circumstances may require25(6) every organisation which was getting financial, managerial or technical assistance from the inter-state co-operative society, immediately before the date of transformation, may continue to be given financial, managerial or technical assistance, as the case may be, by the producer company, for such period, to such extent and in such manner as that company may deem fit30(7) the amount representing the capital of the erstwhile inter-state co-operative society shall form part of the capital of the producer company(8) any reference to the inter-state co-operative society in any law other than this act or in any contract or other instrument, shall be deemed to be reference to the producer company35 40(9) if, on the date of transformation, there is pending any suit, arbitration, appealor other legal proceeding of whatever nature by or against the inter-state co-operative society, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incorporation of the producer company under section 378c or transformation of the inter-state co-operative society as a producer company under section 378j, as the case may be, but the suit, arbitration, appeal or other proceeding, may be continued, prosecuted and enforced by or against the producer company in the same manner and to the same extent as it would have, or may have been continued, prosecuted and enforced by or against the inter-state co-operative society as if the provisions contained in this chapter had not come into force45378m with effect from the date of transformation, all fiscal and other concessions,licences, benefits, privileges and exemptions granted to the inter-state co-operative society in connection with the affairs and business of the inter-state co-operative society under any law for the time being in force shall be deemed to have been granted to the producer companyconcession, etc, to be deemed to have been granted to producer company378n (1) notwithstanding anything contained in section 378-o, all the directors in the inter-state co-operative society before the incorporation of the producer company shall continue in office for a period of one year from the date of transformation and in accordance with the provisions of this actprovisions in respect of officers and other employees of inter-state co-operative society5 10 15(2) every officer or other employee of the inter-state co-operative society (except a director of the board, chairman or managing director) serving in its employment immediately before the date of transformation shall, in so far as such officer or other employee is employed in connection with the inter-state co-operative society which has vested in the producer company by virtue of this act, become, as from the date of transformation, an officer or, as the case may be, other employee of the producer company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave travel concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the erstwhile inter-state co-operative society if its undertaking had not vested in the producer company and shall continue to do so as an officer or, as the case may be, other employee of the producer company20(3) where an officer or other employee of the inter-state co-operative society opts under sub-section (2) not to be in employment or service of the producer company, such officer or other employee shall be deemed to have resigned14 of 194725(4) 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 officer or other employee of the inter-state co-operative society to the producer company shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority30(5) the officers and other employees who have retired before the date of transformation from the service of the inter-state co-operative society and are entitled to any benefits, rights or privileges, shall be entitled to receive the same benefits, rights or privileges from the producer company35(6) the trusts of the provident fund or the gratuity fund of the inter-state co-operative society and any other bodies created for the welfare of officers or employees shall continue to discharge functions in the producer company as was being done hitherto in the inter-state co-operative society and any tax exemption granted to the provident fund or the gratuity fund would continue to be applied to the producer company4045(7) notwithstanding anything contained in this act or in any other law for the time being in force or in the regulations of the inter-state co-operative society, no director of the board, chairman, managing director or any other person entitled to manage the whole or substantial part of the business and affairs of the inter-state co-operative society shall be entitled to any compensation against the inter-state co-operative society or the producer company for the loss of office or for the premature termination of any contract of management entered into by him with the inter-state co-operative society part iii management of producer companynumber of directors378-o every producer company shall have at least five and not more than fifteen directors:50provided that in the case of an inter-state co-operative society incorporated as a producer company, such company may have more than fifteen directors for a period of one year from the date of its incorporation as a producer companyappointment of directors5378p (1) save as otherwise provided in section 378n, the members who sign the memorandum and the articles may designate therein the board of directors, not less than five, who shall govern the affairs of the producer company until the directors are elected in accordance with the provisions of this section(2) the election of directors shall be conducted within a period of ninety days of the registration of the producer company:10provided that in the case of an inter-state co-operative society which has been registered as a producer company under sub-section (4) of section 378j in which at least five directors [including the directors continuing in office under sub-section (1)of section 378n] hold office as such on the date of registration of such company, the provisions of this sub-section shall have effect as if for the words "ninety days", the words "three hundred and sixty-five days" had been substituted15(3) every person shall hold office of a director for a period not less than one year but not exceeding five years as may be specified in the articles(4) every director, who retires in accordance with the articles, shall be eligible for re-appointment as a director(5) save as otherwise provided in sub-section (2), the directors of the board shall be elected or appointed by the members in the annual general meeting20(6) the board may co-opt one or more expert directors or an additional director not exceeding one-fifth of the total number of directors or appoint any other person as additional director for such period as the board may deem fit:25provided that the expert directors shall not have the right to vote in the election of the chairman but shall be eligible to be elected as chairman, if so provided by its articles:provided further that the maximum period, for which the expert director or the additional director holds office, shall not exceed such period as may be specified in the articles30378q (1) the office of the director of a producer company shall become vacantif,—vacation of office by directors(a) he is convicted by a court of any offence involving moral turpitudeand sentenced in respect thereof to imprisonment for not less than six months;35(b) the producer company, in which he is a director, has made a default in repayment of any advances or loans taken from any company or institution or any other person and such default continues for ninety days;(c) he has made a default in repayment of any advances or loans takenfrom the producer company in which he is a director;(d) the producer company, in which he is a director—40(i) has not filed the annual accounts and annual return for anycontinuous three financial years; or(ii) has failed to, repay its deposit or withheld price or patronagebonus or interest thereon on due date, or pay dividend and such failure continues for one year or more;45(e) default is made in holding election for the office of director, in theproducer company in which he is a director, in accordance with the provisions of this act and articles;(f) the annual general meeting or extraordinary general meeting of the producer company, in which he is a director, is not called in accordance with the provisions of this act except due to natural calamity or such other reason (2) the provisions of sub-section (1) shall, as far as may be, apply to the director of a producer institution which is a member of a producer company5powers and functions of board378r (1) subject to the provisions of this act and articles, the board of directors of a producer company shall exercise all such powers and to do all such acts and things, as that company is authorised so to do10(2) in particular and without prejudice to the generality of the foregoing powers, such powers may include all or any of the following matters, namely:—| ( | a | ) determination of the dividend payable; ||--------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| ( | b | ) determination of the quantum of withheld price and recommend || patronage to be approved at general meeting; | | || ( | c | ) admission of new members; || 15 | | || ( | d | ) pursue and formulate the organisational policy, objectives, establish || specific long-term and annual objectives, and approve corporate strategies and | | || financial plans; | | || ( | e | ) appointment of a chief executive and such other officers of the producer || company, as may be specified in the articles; | | || 20 | | || ( | f | ) exercise superintendence, direction and control over chief executive || and other officers appointed by it; | | || ( | g | ) cause proper books of account to be maintained; prepare annual || accounts to be placed before the annual general meeting with the report of the | | || auditor and the replies on qualifications, if any, made by the auditors; | | || 25 | | || ( | h | ) acquisition or disposal of property of the producer company in its || ordinary course of business; | | || ( | i | ) investment of the funds of the producer company in the ordinary || course of its business; | | || ( | j | ) sanction any loan or advance, in connection with the business activities || of the producer company to any member, not being a director or his relative; | | || 30 | | || ( | k | ) take such other measures or do such other acts as may be required in || the discharge of its functions or exercise of its powers | | |(3) all the powers specified in sub-sections (1) and (2) shall be exercised by the board, by means of resolution passed at its meeting on behalf of the producer company35explanation—for the removal of doubts, it is hereby declared that a director or a group of directors, who do not constitute the board, shall not exercise any of the powers exercisable by it40378s the board of directors of a producer company shall exercise the following powers on behalf of that company, and it shall do so only by means of resolutions passed at the annual general meeting of its members, namely:—matters to be transacted at general meeting(a) approval of budget and adoption of annual accounts of the producer company;(b) approval of patronage bonus; (c) issue of bonus shares;45(d) declaration of limited return and decision on the distribution ofpatronage;(e) specify the conditions and limits of loans that may be given by the board to any director; and(f) approval of any transaction of the nature as is to be reserved in the articles for approval by the members5liability of directors378t (1) when the directors vote for a resolution, or approve by any other means, anything done in contravention of the provisions of this act or any other law for the time being in force or articles, they shall be jointly and severally liable to make good any loss or damage suffered by the producer company10(2) without prejudice to the provisions contained in sub-section (1), the producer company shall have the right to recover from its director—(a) where such director has made any profit as a result of the contravention specified in sub-section (1), an amount equal to the profit so made;15(b) where the producer company incurred a loss or damage as a result of the contravention specified in sub-section (1), an amount equal to that loss or damage (3) the liability imposed under this section shall be in addition to and not in derogation of a liability imposed on a director under this act or any other law for the time being in forcecommittee of directors20378u (1) the board may constitute such number of committees as it may deem fit for the purpose of assisting the board in the efficient discharge of its functions:provided that the board shall not delegate any of its powers or assign the powers of the chief executive, to any committee(2) a committee constituted under sub-section (1) may, with the approval of the board, co-opt such number of persons as it deems fit as members of the committee:25provided that the chief executive appointed under section 378w or a director ofthe producer company shall be a member of such committee(3) every such committee shall function under the general superintendence, direction and control of the board, for such duration, and in such manner as the board may direct30(4) the fee and allowances to be paid to the members of the committee shall besuch as may be determined by the board(5) the minutes of each meeting of the committee shall be placed before the board at its next meeting378v (1) a meeting of the board shall be held not less than once in every three months and at least four such meetings shall be held in every year35meetings of board and quorum(2) notice of every meeting of the board of directors shall be given in writing to every director for the time being in india, and at his usual address in india to every other director40(3) the chief executive shall give notice as aforesaid not less than seven days prior to the date of the meeting of the board and if he fails to do so, he shall be liable to a penalty of five thousand rupees:provided that a meeting of the board may be called at shorter notice and the reasons thereof shall be recorded in writing by the board45(4) the quorum for a meeting of the board shall be one-third of the total strength of directors, subject to a minimum of three(5) save as provided in the articles, directors including the co-opted director, may be paid such fees and allowances for attendance at the meetings of the board, as may be decided by the members in the general meeting5chief executive and his functions378w (1) every producer company shall have a full time chief executive, by whatever name called, to be appointed by the board from amongst persons other than members(2) the chief executive shall be ex officio director of the board and such director shall not retire by rotation10(3) save as otherwise provided in articles, the qualifications, experience and the terms and conditions of service of the chief executive shall be such as may be determined by the board(4) the chief executive shall be entrusted with substantial powers of management as the board may determine15(5) without prejudice to the generality of sub-section (4), the chief executive may exercise the powers and discharge the functions, namely:—(a) do administrative acts of a routine nature including managing the day-to-day affairs of the producer company;(b) operate bank accounts or authorise any person, subject to the general or special approval of the board in this behalf, to operate the bank account;20(c) make arrangements for safe custody of cash and other assets of the producer company;(d) sign such documents as may be authorised by the board, for and on behalf of the company;25(e) maintain proper books of account; prepare annual accounts and audit thereof; place the audited accounts before the board and in the annual general meeting of the members;(f) furnish members with periodic information to apprise them of the operation and functions of the producer company;30(g) make appointments to posts in accordance with the powers delegated to him by the board;(h) assist the board in the formulation of goals, objectives, strategies, plans and policies;(i) advise the board with respect to legal and regulatory matters concerning the proposed and ongoing activities and take necessary action in respect thereof;35(j) exercise the powers as may be necessary in the ordinary course of business;(k) discharge such other functions, and exercise such other powers, as may be delegated by the board40(6) the chief executive shall manage the affairs of the producer company under the general superintendence, direction and control of the board and be accountable for the performance of the producer companysecretary of producer company378x (1) every producer company having an average annual turnover exceeding five crore rupees or such other amount as may be prescribed in each of three consecutive financial years shall have a whole-time secretary(2) no individual shall be appointed as whole-time secretary unless he possesses membership of the institute of company secretaries of india constituted under the company secretaries act, 198056 of 19805(3) if a producer company fails to comply with the provisions of sub-section (1), the company and every officer of the company who is in default, shall be liable to a penalty of one hundred rupees for every day during which the default continues subject to a maximum of rupees one lakh:10provided that in any proceedings against a person in respect of a default under this sub-section, no penalty shall be imposed if it is shown that all reasonable efforts to comply with the provisions of sub-section (1) were taken or that the financial position of the company was such that it was beyond its capacity to engage a whole-time secretaryquorum378y unless the articles require a larger number, one-fourth of the total membership shall constitute the quorum at a general meetingvoting rights15378z save as otherwise provided in sub-sections (1) and (3) of section 378d, every member shall have one vote and in the case of equality of votes, the chairman or the person presiding shall have a casting vote except in the case of election of the chairman part iv general meetings20annual general meetings25378za (1) every producer company shall in each year, hold, in addition to any other meetings, a general meeting, as its annual general meeting and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one annual general meeting of a producer company and that of the next:provided that the registrar may, for any special reason, permit extension of the time for holding any annual general meeting (not being the first annual general meeting) by a period not exceeding three months(2) a producer company shall hold its first annual general meeting within a period of ninety days from the date of its incorporation30(3) the members shall adopt the articles of the producer company and appoint directors of its board in the annual general meeting(4) the notice calling the annual general meeting shall be accompanied by the following documents, namely:—35(a) the agenda of the annual general meeting; (b) the minutes of the previous annual general meeting or the extraordinarygeneral meeting;(c) the names of candidates for election, if any, to the office of directorincluding a statement of qualifications in respect of each candidate;40(d) the audited balance-sheet and profit and loss accounts of the producercompany and its subsidiary, if any, together with a report of the board of directors of such company with respect to—(i) the state of affairs of the producer company; (ii) the amount proposed to be carried to reserve; (iii) the amount to be paid as limited return on share capital; (iv) the amount proposed to be disbursed as patronage bonus;5(v) the material changes and commitments, if any, affecting thefinancial position of the producer company and its subsidiary, which have occurred in between the date of the annual accounts of the producer company to which the balance-sheet relates and the date of the report of the board;(vi) any other matter of importance relating to energy conservation,environmental protection, expenditure or earnings in foreign exchanges;10(vii) any other matter which is required to be, or may be, specifiedby the board;(e) the text of the draft resolution for appointment of auditors;15(f) the text of any draft resolution proposing amendment to the memorandum or articles to be considered at the general meeting, alongwith the recommendations of the board (5) the board of directors shall, on the requisition made in writing, duly signed and setting out the matters for the consideration, made by one-third of the members entitled to vote in any general meeting, proceed to call an extraordinary general meeting in accordance with the relevant provisions contained in chapter vii20(6) every annual general meeting shall be called, for a time during business hours, on a day that is not a public holiday and shall be held at the registered office of the producer company or at some other place within the city, town or village in which the registered office of the company is situate25(7) a general meeting of the producer company shall be called by giving not less than fourteen days prior notice in writing(8) the notice of the general meeting indicating the date, time and place of the meeting shall be sent to every member and auditor of the producer company30(9) unless the articles of the producer company provide for a larger number, one-fourth of the total number of members of the producer company shall be the quorum for its annual general meeting35(10) the proceedings of every annual general meeting alongwith the report of the board of directors, the audited balance-sheet and the profit and loss account shall be filed with the registrar within sixty days of the date on which the annual general meeting is held, with an annual return alongwith the filing fees as applicable under the act(11) in the case where a producer company is formed by producer institutions, such institutions shall be represented in the general body through the chairman or the chief executive thereof who shall be competent to act on its behalf:40provided that a producer institution shall not be represented if such institution is in default or failure referred to in clauses (d) to (f) of sub-section (1) of section 378q part v share capital and members rightsshare capital378zb (1) the share capital of a producer company shall consist of equity shares only45(2) the shares held by a member in a producer company, shall as far as may be, be in proportion to the patronage of that companyspecial user rights378zc (1) the producers, who are active members may, if so provided in the articles, have special rights and the producer company may issue appropriate instruments to them in respect of such special rights5(2) the instruments of the producer company issued under sub-section (1)shall, after obtaining approval of the board in that behalf, be transferable to any other active member of that producer companyexplanation— for the purposes of this section, the expression "special right"means any right relating to supply of additional produce by the active member or any other right relating to his produce which may be conferred upon him by the board10378zd (1) save as otherwise provided in sub-sections (2) to (4), the shares ofa member of a producer company shall not be transferabletransferability of shares and attendant rights(2) a member of a producer company may, after obtaining the previous approvalof the board, transfer the whole or part of his shares alongwith any special rights, to an active member at par value15(3) every member shall, within three months of his becoming a member in theproducer company, nominate, in the manner specified in articles, a person to whom his shares in the producer company shall vest in the event of his death(4) the nominee shall, on the death of the member, become entitled to all the rights in the shares of the producer company and the board of that company shall transfer the shares of the deceased member to his nominee:20provided that in a case where such nominee is not a producer, the board shall direct the surrender of shares together with special rights, if any, to the producer company at par value or such other value as may be determined by the board(5) where the board of a producer company is satisfied that—(a) any member has ceased to be a primary producer; or25(b) any member has failed to retain his qualifications to be a member as specified in articles, the board shall direct the surrender of shares together with special rights, if any, to the producer company at par value or such other value as may be determined by the board:30provided that the board shall not direct such surrender of shares unless the member has been served with a written notice and given an opportunity of being heard part vi finance, accounts and audit35books of account378ze (1) every producer company shall keep at its registered office proper books of account with respect to—(a) all sums of money received and expended by the producer company and the matters in respect of which the receipts and expenditure take place;(b) all sales and purchase of goods by the producer company;40(c) the instruments of liability executed by or on behalf of the producercompany;(d) the assets and liabilities of the producer company;45(e) in case of a producer company engaged in production, processing and manufacturing, the particulars relating to utilisation of materials or labour or other items of costs (2) the balance-sheet and profit and loss accounts of the producer company shall be prepared, as far as may be, in accordance with the provisions contained in section 129internal audit5378zf every producer company shall have internal audit of its accounts carriedout, at such interval and in such manner as may be specified in articles, by a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the charteredaccountants act, 194938 of 1949duties of auditor under this chapter10378zg without prejudice to the provisions contained in section 143, the auditor shall report on the following additional matters relating to the producer company, namely:—| ( | a | ) the amount of debts due alongwith particulars of bad debts, if any; ||--------------------------------------------------------------------|-----|--------------------------------------------------------------------------|| ( | b | ) the verification of cash balance and securities; || ( | c | ) the details of assets and liabilities; || 15 | | || ( | d | ) all transactions which appear to be contrary to the provisions of this || chapter; | | || ( | e | ) the loans given by the producer company to the directors; || ( | f | ) the donations or subscriptions given by the producer company; || ( | g | ) any other matter as may be considered necessary by the auditor || 20 | | || 378zh | | a producer company may, by special resolution, make donation or || subscription to any institution or individual for the purposes of— | | || donation or | | || subscription | | || by producer | | || company | | || ( | a | ) promoting the social and economic welfare of producer members or || producers or general public; or | | |(b) promoting the mutual assistance principles:25provided that the aggregate amount of all such donations andsubscriptions in any financial year shall not exceed three per cent of the net profit of the producer company in the financial year immediately preceding the financial year in which the donation or subscription was made:30provided further that no producer company shall make directly or indirectlyto any political party or for any political purpose to any person any contribution or subscription or make available any facilities including personnel or materialgeneral and other reserves378zi (1) every producer company shall maintain a general reserve in everyfinancial year, in addition to any reserve maintained by it as may be specified in articles35(2) in a case where the producer company does not have sufficient funds in any financial year for transfer to maintain the reserves as may be specified in articles, the contribution to the reserve shall be shared amongst the members in proportion to their patronage in the business of that company in that yearissue of bonus shares40378zj any producer company may, upon recommendation of the board andpassing of resolution in the general meeting, issue bonus shares by capitalisation of amounts from general reserves referred to in section 378zi in proportion to the shares held by the members on the date of the issue of such shares part vii loans to members and investments45loan, etc, to members378zk the board may, subject to the provisions made in articles, providefinancial assistance to the members of the producer company by way of—(a) credit facility, to any member, in connection with the business of theproducer company, for a period not exceeding six months;(b) loans and advances, against security specified in articles to any member, repayable within a period exceeding three months but not exceeding seven years from the date of disbursement of such loan or advances:provided that any loan or advance to any director or his relative shall be granted only after the approval by the members in general meeting5378zl (1) the general reserves of any producer company shall be invested to secure the highest returns available from approved securities, fixed deposits, units, bonds issued by the government or co-operative or scheduled bank or in such other mode as may be prescribedinvestment in other companies, formation of subsidiaries, etc10(2) any producer company may, for promotion of its objectives acquire the shares of another producer company(3) any producer company may subscribe to the share capital of, or enter into any agreement or other arrangement, whether by way of formation of its subsidiary company, joint venture or in any other manner with any body corporate, for the purpose of promoting the objects of the producer company by special resolution in this behalf15(4) any producer company, either by itself or together with its subsidiaries, may invest, by way of subscription, purchase or otherwise, shares in any other company, other than a producer company, specified under sub-section (2), or subscription of capital under sub-section (3), for an amount not exceeding thirty per cent of the aggregate of its paid-up capital and free reserves:20provided that a producer company may, by special resolution passed in its general meeting and with prior approval of the central government, invest in excess of the limits specified in this section(5) all investments by a producer company may be made if such investments are consistent with the objects of the producer company25(6) the board of a producer company may, with the previous approval of members by a special resolution, dispose of any of its investments referred to in sub-sections (3) and (4)30(7) every producer company shall maintain a register containing particulars of all the investments, showing the names of the companies in which shares have been acquired, number and value of shares; the date of acquisition; and the manner and price at which any of the shares have been subsequently disposed of(8) the register referred to in sub-section (7) shall be kept at the registered office of the producer company and the same shall be open to inspection by any member who may take extracts therefrom35 part viii penaltiespenalty for contravention40378zm (1) if any person, other than a producer company registered under this chapter, carries on business under any name which contains the words "producer company limited", he shall be punishable with fine which may extend to ten thousand rupees for every day during which such name has been used by him45(2) if a director or an officer of a producer company, who wilfully fails to furnish any information relating to the affairs of the producer company required by a member or a person duly authorised in this behalf, he shall be liable to imprisonment for a term which may extend to six months and with fine equivalent to five per cent of the turnover of that company during the preceding financial year(3) if a director or officer of a producer company—(a) fails to hand over the custody of books of account and other documents or property in his custody to the producer company of which he is a director or officer; or50(b) fails to convene annual general meeting or other general meetings, he shall be punishable with fine which may extend to one lakh rupees, and in the case of a continuing default or failure, with an additional fine which may extend to ten thousand rupees for every day during which such default or failure continues5 part ix amalgamation, merger or division378zn (1) a producer company may, by a resolution passed at its general meeting,—10amalgamation, merger or division, etc, to form new producer companies(a) decide to transfer its assets and liabilities, in whole or in part, to any other producer company, which agrees to such transfer by a resolution passed at its general meeting, for any of the objects specified in section 378b;(b) divide itself into two or more new producer companies15(2) any two or more producer companies may, by a resolution passed at any general or special meetings of its members, decide to—(a) amalgamate and form a new producer company; or (b) merge one producer company (hereafter in this chapter referred to as"merging company") with another producer company (hereafter in this chapter referred to as "merged company")20(3) every resolution of a producer company under this section shall be passed at its general meeting by a majority of total members, with right of vote not less than two-thirds of its members present and voting and such resolution shall contain all particulars of the transfer of assets and liabilities, or division, amalgamation, or merger, as the case may be25(4) before passing a resolution under this section, the producer company shall give notice thereof in writing together with a copy of the proposed resolution to all the members and creditors who may give their consent30(5) notwithstanding anything contained in articles or in any contract to the contrary, any member, or any creditor not consenting to the resolution shall, during the period of one month of the date of service of the notice on him, have the option,—(a) in the case of any such member, to transfer his shares with the approval of the board to any active member thereby ceasing to continue as a member of that company; or35(b) in the case of a creditor, to withdraw his deposit or loan or advance, as the case may be (6) any member or creditor, who does not exercise his option within the period specified in sub-section (5), shall be deemed to have consented to the resolution40(7) a resolution passed by a producer company under this section shall not take effect until the expiry of one month or until the assent thereto of all the members and creditors has been obtained, whichever is earlier(8) the resolution referred to in this section shall provide for—(a) the regulation of conduct of the affairs of the producer company in future;(b) the purchase of shares or interest of any members of the producercompany by other members or by the producer company;(c) the consequent reduction of its share capital, in case of purchase ofshares of one producer company by another producer company;5(d) termination, setting aside or modification of any agreement, howsoeverarrived between the company on the one hand and the directors, secretaries and manager on the other hand, apart from such terms and conditions as may, in the opinion of the majority of shareholders, be just and equitable in the circumstances of the case;10(e) termination, setting aside or modification of any agreement betweenthe producer company and any person not referred to in clause (d):provided that no such agreement shall be terminated, set aside or modifiedexcept after giving due notice to the party concerned:15provided further that no such agreement shall be modified except afterobtaining the consent of the party concerned;20(f) the setting aside of any transfer, delivery of goods, payment, executionor other act relating to property, made or done by or against the producer company within three months before the date of passing of the resolution, which would if made or done against any individual, be deemed in his insolvency to be a fraudulent preference;(g) the transfer to the merged company of the whole or any part of theundertaking, property or liability of the producer company;(h) the allotment or appropriation by the merged company of any shares,debentures, policies, or other like interests in the merged company;25(i) the continuation by or against the merged company of any legalproceedings pending by or against any producer company;(j) the dissolution, without winding up, of any producer company; (k) the provision to be made for the members or creditors who makedissent;30(l) the taxes, if any, to be paid by the producer company; (m) such incidental, consequential and supplemental matters as arenecessary to secure that the division, amalgamation or merger shall be fully and effectively carried out35(9) when a resolution passed by a producer company under this section takes effect, the resolution shall be a sufficient conveyance to vest the assets and liabilities in the transferee40(10) the producer company shall make arrangements for meeting in full or otherwise satisfying all claims of the members and the creditors who exercise the option, within the period specified in sub-section (4), not to continue as the member or creditor, as the case may be(11) where the whole of the assets and liabilities of a producer company are transferred to another producer company in accordance with the provisions of sub-section (9), or where there is merger under sub-section (2), the registration of the first mentioned company or the merging company, as the case may be, shall stand cancelled and that company shall be deemed to have been dissolved and shall cease to exist forthwith as a corporate body5(12) where two or more producer companies are amalgamated into a new producer company in accordance with the provisions of sub-section (2) and the producer company so formed is duly registered by the registrar, the registration of each of the amalgamating companies shall stand cancelled forthwith on such registration and each of the companies shall thereupon cease to exist as a corporate body10(13) where a producer company divides itself into two or more producer companies in accordance with the provisions of clause (b) of sub-section (1) and the new producer companies are registered in accordance with the provisions of this chapter, the registration of the erstwhile producer company shall stand cancelled forthwith and that company shall be deemed to have been dissolved and cease to exist as a corporate body15(14) the amalgamation, merger or division of companies under the foregoing sub-sections shall not in any manner whatsoever affect the pre-existing rights or obligations and any legal proceedings that might have been continued or commenced by or against any erstwhile company before the amalgamation, merger or division, may be continued or commenced by, or against, the concerned resulting company, or merged company, as the case may be20(15) the registrar shall strike off the names of every producer company deemed to have been dissolved under sub-sections (11) to (14)(16) any member or creditor or employee aggrieved by the transfer of assets, division, amalgamation or merger may, within thirty days of the passing of the resolution, prefer an appeal to the tribunal25(17) the tribunal shall, after giving a reasonable opportunity to the person concerned, pass such orders thereon as it may deem fit(18) where an appeal has been filed under sub-section (16), the transfer of assets, division, amalgamation or merger of the producer company shall be subject to the decision of the tribunal part x30 resolution of disputesdisputes378zo (1) where any dispute relating to the formation, management or businessof a producer company arises—(a) amongst members, former members or persons claiming to be membersor nominees of deceased members; or35(b) between a member, former member or a person claiming to be a member,or nominee of deceased member and the producer company, its board of directors, office-bearers, or liquidator, past or present; or40(c) between the producer company or its board, and any director,office-bearer or any former director, or the nominee, heir or legal representative of any deceased director of the producer company,26 of 1996such dispute shall be settled by conciliation or by arbitration as provided under the arbitration and conciliation act, 1996 as if the parties to the dispute have consented in writing for determination of such disputes by conciliation or by arbitration and the provisions of the said act shall apply accordinglyexplanation—for the purposes of this section, a dispute shall include—45(a) a claim for any debt or other amount due; (b) a claim by surety against the principal debtor, where the producercompany has recovered from the surety amount in respect of any debtoror other amount due to it from the principal debtor as a result of the default of the principal debtor whether such debt or amount due be admitted or not;(c) a claim by producer company against a member for failure to supply produce as required of him;5(d) a claim by a member against the producer company for not taking goods supplied by him(2) if any question arises whether the dispute relates to formation, management or business of the producer company, the question shall be referred to the arbitrator, whose decision thereon shall be final10 part xi miscellaneous provisions15strike off name of producer company378zp (1) where a producer company fails to commence business within one year of its registration or ceases to transact business with the members or if the registrar is satisfied, after making such inquiry as he thinks fit, that the producer company is no longer carrying on any of its objects specified in section 378b, he shall make an order striking off the name of the producer company, which shall thereupon cease to exist forthwith:20provided that no such order cancelling the registration as aforesaid shall be passed until a notice to show cause has been given by the registrar to the producer company with a copy to all its directors on the proposed action and reasonable opportunity to represent its case has been given(2) where the registrar has reasonable cause to believe that a producer company is not maintaining any of the mutual assistance principles specified, he shall strike its name off the register in accordance with the provisions contained in section 24825(3) any member of a producer company, who is aggrieved by an order made under sub-section (1), may appeal to the tribunal within sixty days of the order(4) where an appeal is filed under sub-section (3), the order of striking off the name shall not take effect until the appeal is disposed of30provisions of this chapter to override other laws378zq the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in this act 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 act or law or instrument in so far as the same are not varied by, or are inconsistent with, the provisions of this chapter shall apply to the producer company35378zr all the limitations, restrictions and provisions of this act, other than those specified in this chapter, applicable to a private company, shall, as far as may be, apply to a producer company, as if it is a private limited company under this act in so far as they are not in conflict with the provisions of this chapterapplication of provisions relating to private companies part xii40 re-conversion of producer company to inter-state co-operative society378zs (1) any producer company, being an erstwhile inter-state co-operative society, formed and registered under this chapter, may make an application—45(a) after passing a resolution in the general meeting by not less than twothirds of its members present and voting; orre-conversion of producer company to inter-state co-operative society(b) on request by its creditors representing three-fourth value of its total creditors, to the tribunal for its re-conversion to the inter-state co-operative society5(2) the tribunal shall, on the application made under sub-section (1), direct holding meeting of its members or such creditors, as the case may be, to be conducted in such manner as it may direct10(3) if a majority in number representing three-fourths in value of the creditors, or members, as the case may be, present and voting in person at the meeting conducted in pursuance of the directions of the tribunal under sub-section (2), agree for re-conversion, if sanctioned by the tribunal, be binding on all the members and all the creditors, as the case may be, and also on the company which is being converted:15provided that no order sanctioning re-conversion shall be made by the tribunal unless the tribunal is satisfied that the company or any other person by whom an application has been made under sub-section (1) has disclosed to the tribunal, by affidavit or otherwise, all material facts relating to the company, such as the latest financial position of the company, the latest report of the auditor on the accounts of the company, the pendency of any investigation proceedings in relation to the company under chapter xiv, and the like(4) an order made by the tribunal under sub-section (3) shall have no effect until a certified copy of the order has been filed with the registrar20(5) a copy of every such order shall be annexed to every copy of the memorandum of the company issued after the certified copy of the order has been filed as aforesaid, or in the case of a company not having a memorandum, to every copy so issued of the instrument constituting or defining the constitution of the company25(6) if default is made in complying with sub-section (4), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to one hundred rupees, for each copy in respect of which default is made30(7) the tribunal may, at any time after an application has been made to it under this section, stay the commencement or continuation of any suit or proceeding against the company on such terms as the tribunal thinks fit, until the application is finally disposed of35(8) every producer company, which has been sanctioned re-conversion by the tribunal, shall make an application under the multi-state co-operative societies act, 2002 or any other law for the time being in force for its registration as multi-state co-operative society or co-operative society, as the case may be, within six months of sanction by the tribunal and file a report thereof to the tribunal and the registrar of companies and to the registrar of the co-operative societies under which it has been registered as a multi-state co-operative society or co-operative society, as the case may be40378zt (1) the central government may, by notification, direct that any of the provisions of this act (other than those contained in this chapter) specified in the said notification—power to modify act in its application to producer companies(a) shall not apply to the producer companies or any class or category thereof; or45(b) shall apply to the producer companies or any class or category thereof with such exception or adaptation as may be specified in the notification (2) a copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a 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 disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the housespower to make rules378zu the central government may make rules for carrying out the purposes of this chapter' 53 in section 379 of the principal act, in sub-section (1), the proviso shall be omittedamendment of section 37910| 54 ||--------------|| amendment of || section 392 |(a) the words "with imprisonment for a term which may extend to six months or"shall be omitted;(b) for the words "five lakh rupees, or with both", the words "five lakh rupees"shall be substituted1555 after section 393 of the principal act, the following section shall be inserted, namely:—insertion of new section 393a"393a the central government may, by notification, exempt any class of—exemptions under this chapter(a) foreign companies;20(b) companies incorporated or to be incorporated outside india, whether the company has or has not established, or when formed may or may not establish, a place of business in india, as may be specified in the notification, from any of the provisions of this chapter and a copy of every such notification shall, as soon as may be after it is made, be laid before both houses of parliament"2556 in section 403 of the principal act, in sub-section (1), for the third proviso, the following proviso shall be substituted, namely:—amendment of section 40330"provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed" 57 in section 405 of the principal act, for sub-section (4), the following sub-section shall be substituted, namely:—amendment of section 40535"(4) if any company fails to comply with an order made under sub-section (1) or sub-section (3), or furnishes any information or statistics which is incorrect or incomplete in any material respect, the company and every officer of the company who is in default shall be liable to a penalty of twenty thousand rupees and in case of continuing failure, with a further penalty of one thousand rupees for each day after the first during which such failure continues, subject to a maximum of three lakh rupees" 58 in section 410 of the principal act,—40amendment of section 410(i) in the opening portion, the words "not exceeding eleven" shall be omitted; (ii) in clause (b), for the word, figures and letter "section 53n", the word, figures and letter "section 53a" shall be substituted59 after section 418 of the principal act, the following section shall be inserted, namely:—insertion of new section 418a"418a (1) the powers of the appellate tribunal may be exercised by the benches thereof to be constituted by the chairperson:benches of appellate tribunal5provided that a bench of the appellate tribunal shall have at least one judicial member and one technical member(2) the benches of the appellate tribunal shall ordinarily sit at new delhi or such other places as the central government may, in consultation with the chairperson, notify:1012 of 200331 of 2016provided that the central government may, by notification, after consultation with the chairperson, establish such number of benches of the appellate tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53a of the competition act, 2002 and under section 61 of the insolvency and bankruptcy code, 2016"15amendment of section 43560 in section 435 of the principal act, in sub-section (1), for the words "offences under this act, by notification", the words and figures "offences under this act, except under section 452, by notification" shall be substitutedamendment of section 44161 in section 441 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—20"(5) if any officer or other employee of the company who fails to comply with any order made by the tribunal or the regional director or any officer authorised by the central government under sub-section (4), the maximum amount of fine for the offence proposed to be compounded under this section shall be twice the amount provided in the corresponding section in which punishment for such offence is provided"2562 for section 446b of the principal act, the following section shall be substituted, namely:—substitution of new section for section 446b30lesser penalties for certain companies'446b notwithstanding anything contained in this act, if penalty is payable for non-compliance of any of the provisions of this act by a one person company, small company, start-up company or producer company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any other person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty specified in such provisions subject to a maximum of two lakh rupees in case of a company and one lakh rupees in case of an officer who is in default or any other person, as the case may be35explanation—for the purposes of this section,—(a) "producer company" means a company as defined in clause (l) of section 378a;40 1 of 1956(b) "start-up company" means a private company incorporated under this act or under the companies act, 1956 and recognised as start-up in accordance with the notification issued by the central government in the department for promotion of industry and internal trade'amendment of section 4504563 in section 450 of the principal act, for the words "punishable with fine which may extend to ten thousand rupees, and where the contravention is continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues", the words "liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person" shall be substitutedamendment of section 452564 in section 452 of the principal act, in sub-section (2), the following proviso shall be inserted, namely:—"provided that the imprisonment of such officer or employee, as the case may be, shall not be ordered for wrongful possession or withholding of a dwelling unit, if the court is satisfied that the company has not paid to that officer or employee, as the case may be, any amount relating to—10(a) provident fund, pension fund, gratuity fund or any other fund for thewelfare of its officers or employees, maintained by the company;(b) compensation or liability for compensation under the workmen's compensation act, 1923 in respect of death or disablement" 19 of 1923amendment of section 45465 in section 454 of the principal act, in sub-section (3), the following proviso shall be inserted, namely:—15 20"provided that in case the default relates to non-compliance of sub-section (4)of section 92 or sub-section (1) or sub-section (2) of section 137 and such default has been rectified either prior to, or within thirty days of, the issue of the notice by the adjudicating officer, no penalty shall be imposed in this regard and all proceedings under this section in respect of such default shall be deemed to be concluded" 66 in section 465 of the principal act, in sub-section (1),—amendment of section 465(a) the first proviso shall be omitted; (b) in the second proviso, for the words "provided further that", the words"provided that" shall be substituted;25(c) in the third proviso, for the words "provided also that", the words "provided further that" shall be substituted statement of objects and reasonsthe companies act, 2013 (the act) was enacted to consolidate and amend the law relating to companies the act introduced significant changes relating to disclosures to stakeholders, accountability of directors, auditors and key managerial personnel, investor protection, corporate governance and an in-house adjudication mechanism to adjudicate civil lapses without involving criminal courts2 in view of constant endeavour of the government to facilitate greater ease of living to law abiding corporates, a company law committee (clc) consisting of representatives from ministry, industry chambers, professional institutes and legal fraternity was constituted on the 18th september, 2019, to decriminalise some more provisions of the act, based on their gravity and to take other concomitant measures to provide further ease of living for corporates in the country after careful analysis, the clc submitted its report in november, 20193 based on the recommendations of the clc and internal review by the government, it is proposed to amend various provisions of the act to decriminalise minor procedural or technical lapses under the provisions of the said act, into civil wrong; and considering the overall pendency of the courts, a principle based approach was adopted to further remove criminality in case of defaults, which can be determined objectively and which otherwise lack any element of fraud or do not involve larger public interest in addition, the government also proposes to provide greater ease of living to corporates through certain other amendments to the act4 the companies (amendment) bill, 2020, inter alia, provides for the following, namely:—(a) to decriminalise certain offences under the act in case of defaults which can be determined objectively and which otherwise lack any element of fraud or do not involve larger public interest;(b) to empower the central government to exclude, in consultation with the securities and exchange board, certain class of companies from the definition of "listed company", mainly for listing of debt securities;(c) to clarify the jurisdiction of trial court on the basis of place of commission of offence under section 452 of the act for wrongful withholding of property of a company by its officers or employees, as the case may be;(d) to incorporate a new chapter xxia in the act relating to producer companies, which was earlier part of the companies act, 1956;(e) to set up benches of the national company law appellate tribunal; (f) to make provisions for allowing payment of adequate remuneration to nonexecutive directors in case of inadequacy of profits, by aligning the same with the provisions for remuneration to executive directors in such cases;(g) to relax provisions relating to charging of higher additional fees for default on two or more occasions in submitting, filing, registering or recording any document, fact or information as provided in section 403;(h) to extend applicability of section 446b, relating to lesser penalties for small companies and one person companies, to all provisions of the act which attract monetary penalties and also extend the same benefit to producer companies and start-ups;(i) to exempt any class of persons from complying with the requirements of section 89 relating to declaration of beneficial interest in shares and exempt any class of foreign companies or companies incorporated outside india from the provisions of chapter xxii relating to companies incorporated outside india;(j) to reduce timelines for applying for rights issues so as to speed up such issues under section 62;(k) to extend exemptions to certain classes of non-banking financial companies and housing finance companies from filing certain resolutions under section 117;(l) to provide that the companies which have corporate social responsibility spending obligation up to fifty lakh rupees shall not be required to constitute the corporate social responsibility committee and to allow eligible companies under section 135 to set off any amount spent in excess of their corporate social responsibility spending obligation in a particular financial year towards such obligation in subsequent financial years;(m) to provide for a window within which penalties shall not be levied for delay in filing annual returns and financial statements in certain cases;(n) to provide for specified classes of unlisted companies to prepare and file their periodical financial results;(o) to allow direct listing of securities by indian companies in permissible foreign jurisdictions as per rules to be prescribed5 the notes on clauses explain in detail the various provisions of the bill 6 the bill seeks to achieve the above objectivesnew delhi;nirmala sitharamanthe 6th march, 2020 notes on clausesclause 2 of the bill seeks to amend clause (52) of section 2 of the companies act, 2013(the act) to insert a new proviso that enables the central government to exclude certain companies, based on listing of certain securities on recognized stock exchanges, as may be provided by rules, in consultation with securities and exchange board from the definition of listed companiesclause 3 of the bill seeks to amend sub-section (11) of section 8 of the act to omit the punishment of imprisonment in relation to an officer who is in default for the offence mentioned thereinclause 4 of the bill seeks to amend clause (b) of sub-section (1) of section 16 of the act to reduce the time limit of compliance from six months to three months for the direction provided in the provision it also seeks to substitute sub-section (3) of the said section, to provide for allotment of a new name to the company by the central government, in case of default in complying with the direction under sub-section (1) instead of imposing punishment for non-compliance for such defaultclause 5 of the bill seeks to insert a new sub-section (3) in section 23 of the act to allow a class of public companies to list certain class of securities on stock exchanges in permissible foreign jurisdictions or such other jurisdictions, as may be provided by rules it is further proposed to insert a new sub-section (4) in the said section so as to empower the central government to exempt, by notification, any class or classes of public companies referred to in the said sub-section (3) from any of the provisions of chapter iii, chapter iv, section 89, section 90 or section 127 of the actclause 6 of the bill seeks to amend sub-section (9) of section 26 of the act to omit the punishment of imprisonment in relation to every person who is knowingly a party to the issue of prospectus in contravention of the said sectionclause 7 of the bill seeks to amend sub-section (5) of section 40 of the act to remove punishment of imprisonment in case of any default in complying with the provisions of the said sectionclause 8 of the bill seeks to omit sub-section (5) of section 48 of the act, to remove the penal provisions in case of any default in complying with said sectionclause 9 of the bill seeks to amend sub-section (6) of section 56 of the act to provide for monetary penalty for company and its officers in default in case of failure to comply with sub-sections (1) to (5) of the said sectionclause 10 of the bill seeks to omit sub-section (5) of section 59 of the act to remove the penal provisions in case of any default in complying with the order of the tribunal under the said sectionclause 11 of the bill seeks to amend sub-clause (i) of clause (a) of sub-section (1) of section 62 of the act to enable the central government to provide by rules such days lesser than fifteen for deeming the decline of the offer made under the said provisionclause 12 of the bill seeks to amend sub-section (2) of section 64 of the act to modify the amount of monetary penalty provided therein in case of default made in complying with sub-section (1)clause 13 of the bill seeks to omit sub-section (11) of section 66 of the act to remove the penal provisions in case of any default in complying with sub-section (4) of the said sectionclause 14 of the bill seeks to amend sub-section (11) of section 68 of the act to omit the punishment of imprisonment in relation to an officer of the company who is in default for the offence specified thereinclause 15 of the bill seeks to omit sub-section (11) of section 71 of the act to remove the penal provisions in case of any default in complying with the order of the tribunal under the said sectionclause 16 of the bill seeks to substitute sub-section (1) of section 86 of the act to provide for monetary penalty, in case of failure to comply with the provisions of chapter vi of the actclause 17 of the bill seeks to substitute sub-section (5) of section 88 of the act to provide for monetary penalty, in case of failure to comply with the provisions of sub-sections (1) and (2) of the said sectionclause 18 of the bill seeks to substitute sub-sections (5) and (7) of section 89 of the act to provide monetary liability, for failure in making a declaration or in filing of a return, as the case may be, under sub-sections (1), (2), (3) or (6) of the said section it also seeks to insert a new sub-section (11) to enable the central government to notify a class or classes of persons who shall be unconditionally or subject to such conditions, as may be specified in such notification, be exempted from complying with the said section, except sub-section (10)clause 19 of the bill seeks to substitute sub-sections (10) and (11) of section 90 of the act to provide for monetary penalty, for failure in making a declaration, maintaining register, filing of information, or taking necessary steps, as the case may be, in sub-sections (1), (2), (4) or (4a) of the said sectionclause 20 of the bill seeks to amend sub-section (5) of section 92 to modify the amount of monetary penalty provided therein in case of default made in complying sub-section (4) of the said section the said clause further seeks to provide monetary penalty for default under sub-section (6) of the said sectionclause 21 of the bill seeks to amend sub-section (5) of section 105 of the act to provide for monetary penalty in case, invitations for proxies are issued at expense the of companyclause 22 of the bill seeks to substitute sub-section (2) of section 117 of the act to modify the amount of monetary penalty for company and its officers in default for failure to comply with sub section (1) of said section it also seeks to substitute the second proviso to clause (g) of sub-section (3) of the said section to enable the central government to exempt any class of non-banking financial companies registered under chapter iiib of reserve bank of india act, 1934 and any class of housing finance companies registered under the national housing bank act, 1987 from filing of resolutions passed to grant loans or give guarantees or to provide security in respect of loans under clause (f) of sub-section (3) of section 179 of the act in the ordinary course of their businessclause 23 of the bill seeks to substitute sub-section (7) of section 124 of the act to provide for monetary penalty for company and its officers in default for failure to comply with the provisions of the said sectionclause 24 of the bill seeks to amend sub-section (6) of section 128 of the act to omit the punishment of imprisonment in relation to an officer who is in default for the offence mentioned thereinclause 25 of the bill seeks to insert a new section 129a in the act to empower the central government to provide by rules such class or classes of unlisted companies to prepare periodical financial results of the company, audit or limited review thereof and their filing with registrar within thirty days from the end of that period as specified in the rulesclause 26 of the bill seeks to substitute sub-section (8) of section 134 of the act to provide for monetary penalty on the company and its officers in default in case of failure in complying with said sectionclause 27 of the bill seeks to amend sub-section (5) of section 135 of the act by inserting a proviso thereto to allow companies, which have spent an amount in excess of the requirement provided under the said sub-section, to set off such excess amount out of their obligation in the succeeding financial years in such manner as may be provided by rules it further seeks to substitute sub-section (7) of the said section to provide that if a company defaults in complying with sub-sections (5) or (6) of the said section, such company and every officer of such company who is in default shall be liable to a monetary penalty it also seeks to insert a new sub-section (9) in the said section to provide that the requirement of constitution of corporate social responsibility committee shall not be applicable, in case the amount required to be spent under sub-section (5) of the said section does not exceed fifty lakh rupeesclause 28 of the bill seeks to amend sub-section (3) of section 137 of the act to modify the amount of monetary penalty in case of default made in complying with sub-section (1) or sub-section (2) of the said sectionclause 29 of the bill seeks to amend sub-section (3) of section 140 of the act to modify the amount of monetary penalty, in case of default made in complying with sub-section (2) of the said section by the auditorclause 30 of the bill seeks to substitute sub-section (15) of section 143 of the act to provide for monetary penalty on an auditor, cost accountant or company secretary in practice who fail to comply with sub-section (12) of the said sectionclause 31 of the bill seeks to amend sub-section (1) of section 147 of the act to omit the punishment of imprisonment in relation to an officer who is in default for the offence mentioned therein it also seeks to amend sub-section (2) to omit the reference of section 143 mentioned thereinclause 32 of the bill seeks to amend sub-section (9) of section 149 of the act to insert a new proviso which provides that an independent director may receive remuneration, if a company has no profits or inadequate profits in accordance with schedule v of the actclause 33 of the bill seeks to substitute sub-section (6) of section 165 of the act to modify the amount of monetary penalty, in case of a default committed under the said sectionclause 34 of the bill seeks to amend sub-section (2) of section 167 of the act to omit the punishment of imprisonment for the offence mentioned thereinclause 35 of the bill seeks to substitute section 172 of the act to provide for monetary penalty, in case of default in complying with the provisions of chapter xi of the act for which no specific punishment or penalty has been providedclause 36 of the bill seeks to amend sub-section (8) of section 178 of the act to provide for monetary penalty in case of any default in compliance with sections 177 and 178clause 37 of the bill seeks to amend sub-section (4) of section 184 of the act to provide for monetary penalty in case of default of sub-sections (1) and (2) of the said sectionclause 38 of the bill seeks to substitute sub-section (4) of section 187 of the act by providing for monetary penalty in case of default by a company or officer of the company in complying with the provisions of the said sectionclause 39 of the bill seeks to amend clause (i) of sub-section (5) of section 188 of the act by replacing the punishment for imprisonment or fine with monetary penalty and further to amend clause (ii) of the said sub-section by replacing fine with monetary penaltyclause 40 of the bill seeks to amend sub-section (3) of section 197 of the act to provide that if a company fails to make profits or makes inadequate profits in a financial year, any non-executive director of such company, including an independent director, shall be paid remuneration in accordance with schedule v of the actclause 41 of the bill seeks to amend sub-section (4) of section 204 of the act to provide monetary penalty for contravention of the provisions of the said sectionclause 42 of the bill seeks to substitute sub-section (8) of section 232 of the act to provide for monetary penalty on failure to comply with the sub-section (5) of the said sectionclause 43 of the bill seeks to amend sub-section (8) of section 242 of the act to omit the punishment of imprisonment in relation to an officer in default for the offence mentioned thereinclause 44 of the bill seeks to amend sub-section (2) of section 243 of the act to omit the punishment of imprisonment in relation to an officer in default for the offence mentioned thereinclause 45 of the bill seeks to amend sub-section (3) of section 247 of the act by providing for monetary penalty in place of fine when a valuer contravenes the provisions of the said sectionclause 46 of the bill seeks to substitute sub-section (2) of section 284 of the act to provide that when a person required to assist a company liquidator under sub-section (1) of the section does not do so, then the company liquidator may make an application to the tribunal for necessary directions it also seeks to insert a new sub-section (3) to provide that the tribunal may direct such person to comply with the directions of the company liquidatorclause 47 of the bill seeks to substitute sub-section (3) of section 302 of the act to provide that the tribunal shall forward a copy of the order of dissolution to the registrar, and direct the company liquidator to also forward such copy to the registrar, who shall record in the register relating to the company a minute of the dissolution of the company it also seeks to omit sub-section (4) of the said sectionclause 48 of the bill seeks to omit sub-section (6) of section 342 of the act clause 49 of the bill seeks to amend sub-section (4) of section 347 of the act by omitting the punishment for imprisonment in relation to a person for the offence mentioned thereinclause 50 of the bill seeks to substitute sub-section (6) of section 348 of the act to provide that if a company liquidator, who is an insolvency professional, is in default in complying with the provisions of the section, the default will be a contravention of the insolvency and bankruptcy code, 2016, and the rules and regulations made thereunder the said clause also seeks to omit sub-section (7) of the said sectionclause 51 of the bill seeks to substitute sub-section (2) of section 356 of the act to provide that the tribunal shall forward a copy of the order to the registrar, and direct the company liquidator or the person on whose application such order was made to also file a certified copy of the order with the registrar within thirty days of the orderclause 52 of the bill seeks to insert a new chapter as chapter xxia relating to producer companies on similar lines as provided in the companies act, 1956 clause 53 of the bill seeks to omit the proviso to sub-section (1) of section 379 of the actclause 54 of the bill seeks to amend section 392 of the act to omit the punishment of imprisonment in relation to an officer who is in default for the offence mentioned thereinclause 55 of the bill seeks to insert a new section 393a in the act to empower the central government to exempt any class of foreign companies or companies incorporated or to be incorporated outside india, from any of the provisions of chapter xxii of the act by notification to be laid before both houses of parliamentclause 56 of the bill seeks to substitute the third proviso to sub-section (1) of section403 of the act to provide that where there is a default on two or more occasions in submitting, filing, registering or recording of prescribed documents the same shall be done on payment of such higher additional fee as may be provided by rulesclause 57 of the bill seeks to substitute sub-section (4) of section 405 of the act to provide for payment of monetary penalty in case a company fails to comply with an order made under sub-section (1) or sub-section (3) of the said section, or furnishes any incorrect informationclause 58 of the bill seeks to amend section 410 of the act by removing the restriction provided on the number of judicial and technical members that the central government may appoint in the appellate tribunalclause 59 of the bill seeks to insert a new section 418a in the act to provide for constitution of benches of the appellate tribunal and related provisionsclause 60 of the bill seeks to amend sub-section (1) of section 435 of the act to provide that the offence under section 452 of the act shall be excluded from the applicability of section 435 of the actclause 61 of the bill seeks to substitute sub-section (5) of section 441 of the act to provide that if any officer or employee of the company fails to comply with the order of tribunal or regional director or any other officer authorised by the central government the maximum amount of fine shall be twice the amount provided in the corresponding section in which the punishment for such offence is providedclause 62 of the bill seeks to substitute section 446b of the act to provide for payment of lessor monetary penalty by a start-up company, producer company, one person company or small company on failure to comply with provisions of the act which attract monetary penaltiesclause 63 of the bill seeks to amend section 450 of the act to provide for monetary penalty in case where a company or any officer of a company or any other person makes contraventions of any provision of the act for which no penalty or punishment is provided elsewhere in the actclause 64 of the bill seeks to insert a proviso in sub-section (2) of section 452 of the act to provide that the imprisonment of officer or employee of the company specified under the said sub-section shall not be ordered in case of wrongful possession or withholding of a dwelling unit is concerned and such officer or employee has not received certain statutory dues from the companyclause 65 of the bill seeks to amend sub-section (3) of section 454 of the act to insert a new proviso to provide that no monetary penalty shall be imposed when such default relates to non-compliance of sub-section (4) of section 92 or sub-section (1) or sub-section (2) of section 137 and has been rectified either prior to, or within thirty days of, the issue of the notice by the adjudicating officer clause 66 of the bill seeks to omit the first proviso to sub-section (1) of section 465 of the act memorandum regarding delegated legislationclause 2 of the bill empowers the central government to provide by rules under clause (52) of section 2 of the act, in consultation with the securities and exchange board, class of companies that have listed or intend to list such class of securities that shall not be included within the definition of listed companysub-clause (ii) of clause 4 of the bill empowers the central government to provide by rules, under sub-section (3) of section 16 of the act, the manner in which the central government shall allot a new name to a company that defaults in complying with directions issued under sub-section (1) of that sectionclause 5 of the bill empowers the central government under sub-section (3) of section23 of the act to provide by rules, such class of public companies which may list such class of securities on permitted stock exchange in permissible foreign jurisdictions or other jurisdictions as may be provided in such rules further, the said clause also empowers the central government to exempt, by notification, any class or classes of public companies from any of the provisions of chapter iii, chapter iv, section 89, section 90 or section 127 of the actclause 11 of the bill empowers the central government to provide by rules under sub-clause (i) of clause (a) of sub-section (2) of section 62 of the act, a time limit of lesser number of days than the fifteen-day limit specified thereinsub-clause (c) of clause 18 of the bill empowers the central government to notify, under sub-section (11) of section 89 of the act, any class or classes of persons who may be exempted, conditionally or unconditionally, from the requirement of compliance with the provisions of that section, if the same is considered necessary in the public interestsub-clause (ii) of clause 22 of the bill empowers the central government to provide by rules under the second proviso to clause (g) of sub-section (3) of section 117 of the act, any class of non-banking financial company registered under chapter iii-b of the reserve bank of india act, 1934, or any class of housing finance company registered under the national housing bank act, 1987, to whom nothing contained in this provision shall apply, in respect of a resolution passed to grant loans or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 of the act in the ordinary course of its businessclause 25 of the bill empowers the central government under the proposed new section 129a to provide by rules, the form for preparation of the financial results of the company on such periodical basis in respect of such class or classes of unlisted companies; the manner of obtaining approval of the board of directors and completing audit or limited review of such periodical financial results; and the fees to file a copy with the registrar within a period of thirty days of completion of the relevant periodsub-clause (a) of clause 27 of the bill empowers the central government to provide by rules, under the proviso to sub-section (5) of section 135 of the act, the manner in which the company may set off any amount spent in excess of the requirement provided in the said sub-section in a particular financial year, against the requirements in the succeeding financial yearsclause 52 of the bill empowers the central government to provide by rules, the form and manner in which an application is to be made for approval of the alteration of the provisions of memorandum relating to the change of the place of registered office from one state to another, under sub-section (4) of section 378h of the act; the amount of average annual turnover exceeding which a producer company, shall be required to have a wholetime secretary, under sub-section (1) of 378x of the act; any other mode in which the general reserves of a producer company, shall be invested under sub-section (1) of 378zl of the act; notify any of the provisions of the act (other than those contained in the chapter xxia of the act) that shall either not apply or apply with certain exceptions or adaptations, under sub-section (1) of section 378zt of the act; for the purposes of chapter xxia of the act, under section 378zu of the actclause 55 of the bill empowers the central government under the proposed new section 393a to exempt, by notification, any class of foreign companies or companies incorporated or to be incorporated outside india, whether the company has or has not established, or when formed will or will not establish, a place of business in india, from the provisions of chapter xxii of the actclause 59 of the bill empowers the central government to notify under the proposed new section 418a, in consultation with the chairperson, places apart from new delhi where the benches of the appellate tribunal may be set up the said clause also seeks to empower the central government to notify, after consultation with the chairperson, additional benches of the appellate tribunal, as deemed necessary, to hear appeals under the competition act,2002 and the insolvency and bankruptcy code, 2016the matters in respect of which rules may be made under the proposed legislation 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 extracts from the companies act, 2013 (18 of 2013) 8 (1) formation of companies with charitable objects, etc(11) if a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh rupees but which may extend to one crore rupees and the directors and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees, or with both:provided that when it is proved that the affairs of the company were conducted fraudulently, every officer in default shall be liable for action under section 447 16 (1) rectification of name of company 47 of 1999(b) on an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under the trade marks act, 1999, made to the central government within three years of incorporation or registration or change of name of the company, whether under this act or any previous company law, in the opinion of the central government, is identical with or too nearly resembles to an existing trade mark, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of six months from the issue of such direction, after adopting an ordinary resolution for the purpose (3) if a company makes default in complying with any direction given under sub-section (1), the company shall be punishable with fine of one thousand rupees for every day during which the default continues and every officer who is in default shall be punishable with fine which shall not be less than five thousand rupees but which may extend to one lakh rupees chapter iii prospectus and allotment of securities part i—public offer23 (1) a public company may issue securities—public offer and private placement (2) a private company may issue securities—(a) by way of rights issue in accordance with the provisions of this act; or (b) through private placement by complying with the provisions of part ii of this chapter explanation—for the purposes of this chapter, "public offer" includes initial public offer or further public offer of securities to the public by a company, or an offer for sale of securities to the public by an existing shareholder, through issue of a prospectus| | | | | | | | ||---------------|----|----|------|------|------|------|-----|| 26 | ( | 1 | ) | | | | || matters to be | | | | | | | || stated in | | | | | | | || prospectus | | | | | | | |(9) if a prospectus is issued in contravention of the provisions of this section, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees and every person who is knowingly a party to the issue of such prospectus shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with both| | | | | | | | ||---------------|----|----|------|------|------|------|-----|| 40 | ( | 1 | ) | | | | || securities to | | | | | | | || be dealt with | | | | | | | || in stock | | | | | | | || exchanges | | | | | | | |(5) if a default is made in complying with the provisions of this section, the company shall be punishable with a fine which shall not be less than five lakh rupees but which may extend to fifty lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with both| | | | | | | | ||---------------|----|----|------|------|------|------|-----|| 48 | ( | 1 | ) | | | | || variations of | | | | | | | || shareholders' | | | | | | | || rights | | | | | | | |(5) where any default is made in complying with the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both| | | | | | | | ||----------------|----|----|------|------|------|------|-----|| 56 | ( | 1 | ) | | | | || transfer and | | | | | | | || transmission | | | | | | | || of securities | | | | | | | |(6) where any default is made in complying with the provisions of sub-sections (1) to(5), the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees| | | | | | | | | ||----------------|----|----|----|------|------|------|------|-----|| 59 | ( | 1 | ) | | | | | || rectification | | | | | | | | || of register of | | | | | | | | || members | | | | | | | | |(5) if any default is made in complying with the order of the tribunal under this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees, or with both| | | | | | | | | ||---------------|----|----|----|------|------|------|------|-----|| 62 | ( | 1 | ) | | | | | || further issue | | | | | | | | || of share | | | | | | | | || capital | | | | | | | | |(a) to persons who, at the date of the offer, are holders of equity shares of the company in proportion, as nearly as circumstances admit, to the paid-up share capital on those shares by sending a letter of offer subject to the following conditions, namely:—(i) the offer shall be made by notice specifying the number of shares offered and limiting a time not being less than fifteen days and not exceeding thirty days from the date of the offer within which the offer, if not accepted, shall be deemed to have been declined; 64 (1) notice to be given to registrar for alteration of share capital(2) where any company fails to comply with the provisions of sub-section (1), such company and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues, or five lakh rupees whichever is less 66 (1) reduction of share capital(11) if a company fails to comply with the provisions of sub-section (4), it shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees 68 (1) power of company to purchase its own securities(11) if a company makes any default in complying with the provisions of this section or any regulation made by the securities and exchage board, for the purposes of clause (f) of sub-section (2), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees, or with bothexplanation i—for the purpose of this section and section 70, "specified securities"includes employees' stock option or other securities as may be notified by the central government from time to timeexplanation ii—for the purpose of this section, "free reserves" includes securities permium account chapter v acceptance of deposits by companiesdebentures71 (1) (11) if any default is made in complying with the order of the tribunal under this section, every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than two lakh rupees but which may extend to five lakh rupees, or with both punishment for contravention86 (1) if any company contravenes any provision of this chapter, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both chapter vii management and administration88 (1) register of members, etc(5) if a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company and every officer of the company who is in default shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day, after the first during which the failure continues89 (1) declaration in respect of beneficial interest in any share(5) if any person fails, to make a declaration as required under sub-section (1) or sub-section (2) or sub-section (3), without any reasonable cause, he shall be punishable with fine which may extend to fifty thousand rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues| | | | | ||------|------|------|------|-----|(7) if a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be punishable with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues| | | | | | | | | ||-------------|----|----|----|------|------|------|------|-----|| 90 | ( | 1 | ) | | | | | || register of | | | | | | | | || significant | | | | | | | | || beneficial | | | | | | | | || owners in a | | | | | | | | || company | | | | | | | | |(10) if any person fails to make a declaration as required under sub-section (1), he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues(11) if a company, required to maintain register under sub-section (2) and file the information under sub-section (4) or required to take necessary steps under sub-section (4a) fails to do so or denies inspection as provided therein, the company and every officer of the company who is in default shall be punishable with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues 92 (1) annual return(5) if any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees(6) if a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees proxies105 (1) (5) if for the purpose of any meeting of a company, invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the company's expense to any member entitled to have a notice of the meeting sent to him and to vote thereat by proxy, every officer of the company who knowingly issues the invitations as aforesaid or wilfully authorises or permits their issue shall be punishable with fine which may extend to one lakh rupees:provided that an officer shall not be punishable under this sub-section by reason only of the issue to a member at his request in writing of a form of appointment naming the proxy, or of a list of persons willing to act as proxies, if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy 117 (1) resolutions and agreements to be filed(2) if any company fails to file the resolution or the agreement under sub-section (1)before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of twenty-five lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees(3) the provisions of this section shall apply to— (g) resolutions passed in pursuance of sub-section (3) of section 179: provided further that nothing contained in this clause shall apply to a banking company in respect of a resolution passed to grant loans, or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 in the ordinary course of its business; and 124 (1) unpaid dividend account(7) if a company fails to comply with any of the requirements of this section, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees chapter ix accounts of companies128 (1) books of account, etc, to be kept by company(6) if the managing director, the whole-time director in charge of finance, the chief financial officer or any other person of a company charged by the board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, chief financial officer or such other person of the company shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees or with both 134 (1) financial statement, board's report, etc(8) if a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both corporate social responsibility135 (1) every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during the immediately preceding financial year shall constitute a corporate social responsibility committee of the board consisting of three or more directors, out of which at least one director shall be an independent director:provided that where a company is not required to appoint an independent director under sub-section (4) of section 149, it shall have in its corporate social responsibility committee two or more directors (7) if a company contravenes the provisions of sub-section (5) or sub-section (6), the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to twenty-five lakh rupees and every officer of such company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both137 (1) copy of financial statement to be filed with registrar(3) if a company fails to file the copy of the financial statements under sub-section (1)or sub-section (2), as the case may be, before the expiry of the period specified therein the company shall be liable to a penalty of one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees, and the managing director and the chief financial officer of the company, if any, and, in the absence of the managing director and the chief financial officer, any other director who is charged by the board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees140 (1) removal, resignation of auditor and giving of special notice(3) if the auditor does not comply with the provisions of sub-section (2), he or it shall be liable to a penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor, whichever is less, and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees 143 (1) powers and duties of auditors and auditing standards(15) if any auditor, cost accountant or company secretary in practice do not comply with the provisions of sub-section (12), he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees| ||----------------|| punishment || for || contravention |147 (1) if any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both(2) if an auditor of a company contravenes any of the provisions of section 139, section 143, section 144 or section 145, the auditor shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees or four times the remuneration of the auditor, whichever is less:provided that if an auditor has contravened such provisions knowingly or wilfully with the intention to deceive the company or its shareholders or creditors or tax authorities, he shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than fifty thousand rupees but which may extend to twenty-five lakh rupees or eight times the remuneration of the auditor, whichever is less| | | | | ||------|------|------|------|-----|165 (1) number of directorships(6) if a person accepts an appointment as a director in contravention of sub-section (1), he shall be liable to a penalty of five thousand rupees for each day after the first during which such contravention continues 167 (1) vacation of office of director(2) if a person, functions as a director even when he knows that the office of director held by him has become vacant on account of any of the disqualifications specified in sub-section (1), he shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both punishment172 if a company contravenes any of the provisions of this chapter and for which no specific punishment is provided therein, the company and every officer of the company who is in default shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees 178 (1) nomination and remuneration committee and stakeholders relationship committee(8) in case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both:provided that inability to resolve or consider any grievance by the stakeholders relationship committee in good faith shall not constitute a contravention of this sectionexplanation—the expression "senior management" means personnel of the company who are members of its core management team excluding board of directors comprising all members of management one level below the executive directors, including the functional heads 184 (1) disclosure of interest by director(4) if a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both 187 (1) investments of company to be held in its own name(4) if a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both 188 (1) related party transactions(5) any director or any other employee of a company, who had entered into or authorised the contract or arrangement in violation of the provisions of this section shall,—(i) in case of listed company, be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both; and(ii) in case of any other company, be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees 197 (1) (3) notwithstanding anything contained in sub-sections (1) and (2), but subject to the provisions of schedule v, if, in any financial year, a company has no profits or its profits are inadequate, the company shall not pay to its directors, including any managing or wholetime director or manager, by way of remuneration any sum exclusive of any fees payable to directors under sub-section (5) hereunder except in accordance with the provisions of schedule v| ||---------------|| overall || maximum || managerial || remuneration || and || managerial || remuneration || in case of || absence or || inadequacy of || profits |204 (1) secretarial audit for bigger companies(4) if a company or any officer of the company or the company secretary in practice, contravenes the provisions of this section, the company, every officer of the company or the company secretary in practice, who is in default, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees 232 (1) merger and amalgamation of companies(8) if a transferor company or a transferee company contravenes the provisions of this section, the transferor company or the transferee company, as the case may be, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of such transferor or transferee company who is in default, shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees, or with both| | | | | | | | | ||-----------|----|----|----|------|------|------|------|-----|| 242 | ( | 1 | ) | | | | | || powers of | | | | | | | | || tribunal | | | | | | | | |(8) if a company contravenes the provisions of sub-section (5), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both243 (1) consequence of termination or modification of certain agreements(2) any person who knowingly acts as a managing director or other director or manager of a company in contravention of clause (b) of sub-section (1) or sub-section (1a), and every other director of the company who is knowingly a party to such contravention, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees, or with both chapter xvii registered valuers247 (1) valuation by registered valuers(3) if a valuer contravenes the provisions of this section or the rules made thereunder, the valuer shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees:provided that if the valuer has contravened such provisions with the intention to defraud the company or its members, he shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees| | | | | | | | | ||------------------|----|----|----|------|------|------|------|-----|| 284 | ( | 1 | ) | | | | | || promoters, | | | | | | | | || directors, etc, | | | | | | | | || to cooperate | | | | | | | | || with company | | | | | | | | || liquidator | | | | | | | | |(2) where any person, without reasonable cause, fails to discharge his obligations under sub-section (1), he shall be punishable with imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees, or with both 302 (1) dissolution of company by tribunal(3) a copy of the order shall, within thirty days from the date thereof, be forwarded by the company liquidator to the registrar who shall record in the register relating to the company a minute of the dissolution of the company(4) if the company liquidator makes a default in forwarding a copy of the order within the period specified in sub-section (3), the company liquidator shall be punishable with fine which may extend to five thousand rupees for every day during which the default continues 342 (1) prosecution of delinquent officers and members of company(6) if a person fails or neglects to give assistance required by sub-section (5), he shallbe liable to pay fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees 344 (1) disposal of books and papers of company(4) if any person acts in contravention of any rule framed or an order made undersub-section (3), he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with both348 (1) information as to pending liquidations(6) if a company liquidator contravenes the provisions of this section, the companyliquidator shall be punishable with fine which may extend to five thousand rupees for everyday during which the failure continues(7) if a company liquidator makes wilful default in causing the statement referred to in sub-section (1) audited by a person who is not qualified to act as an auditor of the company, the company liquidator shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both| | | | | | | | | ||----------------|----|----|----|------|------|------|------|-----|| 356 | ( | 1 | ) | | | | | || powers of | | | | | | | | || tribunal to | | | | | | | | || declare | | | | | | | | || dissolution of | | | | | | | | || company | | | | | | | | || void | | | | | | | | |(2) it shall be the duty of the company liquidator or the person on whose application the order was made, within thirty days after the making of the order or such further time as the tribunal may allow, to file a certified copy of the order with the registrar who shall register the same, and if the company liquidator or the person fails so to do, the company liquidator or the person shall be punishable with fine which may extend to ten thousand rupees for every day during which the default continues| | | | | ||------|------|------|------|-----| chapter xxii companies incorporated outside india379 (1) sections 380 to 386 (both inclusive) and sections 392 and 393 shall apply to all foreign companies:application of act to foreign companiesprovided that the central government may, by order published in the official gazette,exempt any class of foreign companies, specified in the order, from any of the provisions of sections 380 to 386 and sections 392 and 393 and a copy of every such order shall, as soon as may be after it is made, be laid before both houses of parliament punishment for contravention392 without prejudice to the provisions of section 391, if a foreign companycontravenes the provisions of this chapter, the foreign company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and in the case of a continuing offence, with an additional fine which may extend to fifty thousand rupees for every day after the first during which the contravention continues and every officer of the foreign company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twentyfive thousand rupees but which may extend to five lakh rupees, or with both chapter xxv companies to furnish information or statistics| 405 ||----------------|| power of || central || government || to direct || companies to || furnish || information or || statistices |(4) if any company fails to comply with an order made under sub-section (1) or subsection (3), or knowingly furnishes any information or statistics which is incorrect or incomplete in any material respect, the company shall be punishable with fine which may extend to twenty-five thousand rupees and every officer of the company who is in default, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to three lakh rupees, or with both| ||--------------|| constitution || of appellate || tribunal |410 the central government shall, by notification, constitute, with effect from such date as may be specified therein, an appellate tribunal to be known as the national company law appellate tribunal consisting of a chairperson and such number of judicial and technical members, not exceeding eleven, as the central government may deem fit, to be appointed by it by notification, 3[for hearing appeals against—(a) the orders of the tribunal or of the national financial reporting authority under this act; and(b) any direction, decision or order referred to in section 53n of the competition act, 2002 in accordance with the provisions of that act]12 of 2002| | | | | ||------|------|------|------|-----| chapter xxviii special courtsestablishment of special courts435 (1) the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish or designate as many special courts as may be necessary| | | | | ||------|------|------|------|-----|441 (1) compounding of certain offences(5) any officer or other employee of the company who fails to comply with any order made by the tribunal or the regional director or any officer authorised by the central government under sub-section (4) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one lakh rupees, or with both| ||---------------|| lesser || penalties for || one person || companies or || small || companies |446b notwithstanding anything contained in this act, if a one person company or a small company fails to comply with the provisions of sub-section (5) of section 92, subsection (2) of section 117 or sub-section (3) of section 137, such company and officer in default of such company shall be punishable with fine or 2[liable to a penalty which shall not be more than one-half of the penalty specified in such sections| ||---------------|| punishment || where no || specific || penalty or || punishment is || provided |450 if a company or any officer of a company or any other person contravenes any of the provisions of this act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this act, the company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to ten thousand rupees, and where the contravention is continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues 454 (1) adjudication of penalties(3) the adjudicating officer may, by an order—(a) impose the penalty on the company, the officer who is in default, or any other person, as the case may be, stating therein any non-compliance or default under the relevant provisions of this act; and(b) direct such company, or officer who is in default, or any other person, as the case may be, to rectify the default, wherever he considers fit sikkim act, 8 of 1961465 (1) the companies act, 1956 (1 of 1956) and the registration of companies(sikkim) act, 1961 (hereafter in this section referred to as the repealed enactments) shall stand repealed:repeal of certain enactments and savings1 of 1956provided that the provisions of part ix a of the companies act, 1956 shall be applicable mutatis mutandis to a producer company in a manner as if the companies act, 1956 has not been repealed until a special act is enacted for producer companies:provided further that until a date is notified by the central government under subsection (1) of section 434 for transfer of all matters, proceedings or cases to the tribunal, the provisions of the companies act, 1956 (1 of 1956) in regard to the jurisdiction, powers, authority and functions of the board of company law administration and court shall contunue to apply as if the companies act, 1956 has not been repealed:provided also that provisions of the companies act, 1956 (1 of 1956) referred in the notification issued under section 67 of the limited liability partnership act, 2008 (6 of 2009) shall, until the relevant notification under such section applying relevant corresponding provisions of this act to limited liability partnerships is issued, continue to apply as if the companies act, 1956 has not been repealed ———— a billfurther to amend the companies act, 2013————(smt nirmala sitharaman, minister of finance and corporate affairs)

Parliament_bills

04ef742a-1afc-5c32-9dfb-14d99cf3e237

bill no lvi of 2008 the victims of terrorism (compensation and miscellaneous provisions) bill, 2008 a billto provide for the financial compensation, relief and rehabilitation to the victims and theirdependents 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 and incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the victims of terrorism (compensation and miscellaneous provisions) act, 2008short 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" include 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;45 of 1860537 of 1967 2 of 1974(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 actsrelief 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 ofterrorism5 it shall be the duty of the appropriate government to formulate rehabilitation package 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 repair orconstruct 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 my be prescribed;35(b) allot a plot of appropriate size to the victim near the city free of cost and bearthe 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 areas5(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 prescribedcentral government to formulate national policy108 the central government shall, as soon as may be, in consultation with the governments 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 nation 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:20provided that no such order or direction shall be made after the expiry of a periodof four years from the commencement of this actact 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 the central government may, by notification in the official gazette, make rules forcarrying out the purpose of this act statement of objects and reasonsterrorism 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 orissa, 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 their 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 billgireesh kumar sanghi 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 for 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 one thousand crore may involve as recurring expenditure per annuma sum of rupees one hundred crores may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 12 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the 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 and incidental thereto————(shri gireesh kumar sanghi, mp)

Parliament_bills

9de9f2ee-3abc-5365-ac0d-1ca802d2c380

bill no xviii of 2012 the constitution (amendment) bill, 2012 a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the constitution (amendment) act, 2012short title and commencement(2) it shall come into force at once2 after article 18 of the constitution, the following article shall be inserted, namely:—insertion of new article 18a right to food"18a (1) every citizen shall have the right to adequate food as parliament may, by law, determine from time to time(2) without prejudice to the generality of the forgoing provisions, nothing in clause (1) shall prevent the state from making any provision for fixing norms and criteria(3) nothing in this article shall prevent the state from implementing special schemes through its various authorities or agencies for the weaker section of the society including below poverty line citizens, senior citizens, unemployed citizens and physically challenged citizens statement of objects and reasonsindia is a vast country having large population due to its size and population, there are unequal allocation of the capital and government resources the day is not far, when people will fight over food and water food is one of the basic needs for survival of all living creatures on earth though article 47 of the constitution provides that the state shall take steps to raise the level of nutrition of its people and improve public health but nothing has been done so far hunger and malnutrition, economic backwardness, poor health services in our country reflect the most agonizing dilemma of india as a welfare state a large section of people, including children and women, die every year because of starvation and malnutritionin our country, where drought, floods and famines are so common, freedom from hunger ie right to adequate food needs the special attention of the government many districts in orissa, bihar and andhra pradesh face the acute problems of malnutrition and starvation every year similar is the situation in areas affected by floods the unprecedented floods in uttar pradesh, bihar and other states has left lakhs of people homeless most often, in famine or flood affected areas, the state administration appears to be unconcerned about the happenings and, as such many person die of starvationalthough, every year, there is a bumper crop of foodgrains in the country, yet millions of people in the country have to sleep empty stomach therefore, there is need for recognizing the right to food as one of the most essential of all human rights besides fixing norms and criteria for equitable distribution of foodgrains in all parts of the country the bill, therefore, seeks to make the right to food as a fundamental right so that citizens of india are not deprived of this basic need for their survival and become independent in respect of getting foodhence this billshadi lal batra financial memorandumclause 2 of the bill provides that every citizen shall have the right to adequate foodthe bill, if enacted, will involve expenditure for the consolidated fund of india it is likely to involve a recurring expenditure of about rupees eighty thousand crore from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be incurred———— a billfurther to amend the constitution of india————(shri shadi lal batra, mp)gmgipmrnd—1031rs(s3)—11-05-2012

Parliament_bills

79cf5af2-ab79-5fea-a11c-968857801444

bill no 6 of 2016 the supreme court of india (establishment of a permanent bench at guntur) bill, 2016 by shri jayadev galla, mp a billto provide for the establishment of a permanent bench of the supreme court of india at gunturbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— bench at guntur) act, 2016in respect of cases arising in the states of andhra pradesh, telangana, tamil nadu, karnataka, kerala, odisha, chhattisgarh, madhya pradesh, the union territories of puducherry, dadra and nagar haveli, lakshadweep and andaman and nicobar islands and such other territories as may be notified by the central government with the approval of the chief justice of india from time to time5 statement of objects and reasonsdemands for supreme court benches to quicken the process of justice and reduce the burden on the apex court which is now bogged down by 70,000 cases have been going on for many years secondly, distance of the apex court in the national capital from other parts of the country coupled with high travel expenses and cost of litigation were coming in the way of citizens from the far-flung areas to approach the top court of the land, which otherwise is also burdened with large-scale of pendency of casesa five-judges bench of the supreme court in bihar legal support society vs chief justice of india and another, in 1986, found the desirability to establish the supreme court benches in north, south, east and western india and said that the present apex court should only entertain cases involving questions of constitutional and public lawthe law commission of india in its 125th report, 1998 titled "the supreme court a fresh look" had stated, "the supreme court sits in delhi alone the government of india, on a couple of occasions, sought the opinion of the supreme court of india for setting up of a bench in the south this proposal did not find favour with the supreme court the result is that those coming from distant places like andhra pradesh, kerala, tamil nadu, etc, in south have to spend huge amount on travel to reach the supreme court"the law commission in its 229th report, 2009 had reiterated that benches be set up each in the northern, southern, western and eastern parts of the country to deal with all appellate work arising out of orders/judgments of the state high courtsbefore the reorganisation of the state of andhra pradesh, between 1953 and 1956, the andhra high court used to function from guntur but, after formation of andhra pradesh state, as part of the states' reorganisation process in 1956, the andhra high court was merged with andhra pradesh high court and was shifted to hyderabadafter bifurcation of the state of andhra pradesh in 2014, guntur has finally been selected as the new capital of andhra pradesh and the process of constructing a new capital is on its wings the inauguration of construction of capital was also made on 22nd october, 2015 the capital is going to be a world-class one with most modern and latest facilities as guntur is centrally located and easily accessible to all southern states, the bill, therefore, proposes to have a bench of the supreme court in guntur to help the crore of people residing in southern states to get legal remedy without going to the national capital of delhi at their doorstepsthe bill aims to achieve the above objectivenew delhi;jayadev gallanovember 13, 2015———— the supreme court of india (establishment of a permanent bench at guntur) bill, 2016 by shri jayadev galla, mp[copy of letter no k-15019/15/2015-us1 dated 14 january, 2016 from shri dvsadananda gowda, minister of law and justice to the secretary general, lok sabha]the president, having been informed of the subject matter of the supreme court of india (establishment of a permanent bench at guntur) bill, 2016 by shri jayadev galla, mp, recommends the introduction of the bill under article 117(1) and consideration under article 117(3) of the constitution in lok sabha financial memorandumclause 2 of the bill provides for the establishment of a permanent bench of the supreme court of india at guntur the bill, therefore, if enacted and brought into operation, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five crore is likely to be involved per annum for the purpose of payment of allowance to the judges of the bench and payment of salaries to the court servantsa non-recurring expenditure of about rupees one hundred crore may be involved for the construction of building of the court, etc and appointment of staff members lok sabha———— a billto provide for the establishment of a permanent bench of the supreme court at guntur————(shri jayadev galla, mp)gmgipmrnd—4190ls(s3)—12-02-2016

Parliament_bills

e29300c8-69f2-5619-8899-7f3599435455

bill no 296 of 2015 the prohibition of employment as manual scavengers and their rehabilitation (amendment) bill, 2015by shri arjun meghwal, mpa billfurther to amend the prohibition of employment as manual scavengers and their rehabilitation act, 2013be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—amendment of section 3125 of 20132 in section 31 of the prohibition of employment as manual scavengers and their rehabilitation act, 2013,—(i) in sub-section (1)—(a) in clause (b), for the words "enquire into complaints", the words"investigate into complaints" shall be substituted; and5(b) after clause (d), the following clause shall be inserted, namely:—"(e) to impose fine on a person, if found guilty, after investigation under clause (b), of contravening the provisions of this act"(ii) for sub-section (2), the following sub-section shall be substituted, namely:—10"(2) in the discharge of its functions under sub-section (1), the national commission shall have the power to—(a) call for information with respect to any matter specified in that subsection from any government or local or other authority; and(b) summon and enforce the attendance of any person from any part of india and examine him on oath""15 statement of objects and reasonsthe prohibition of employment as manual scavengers and their rehabilitation act,2013 was enacted to prohibit employment as manual scavengers, rehabilitation of manual scavengers and their families the national commission for safai karamcharis is empowered to monitor and enquire the complaints regarding the contravention of the provisions of this act, but no one has been punished even if accused is found guilty by the commission due to inherent lacuna in the act it is, therefore, necessary that the national commission for safai karamcharis be empowered to summon the accused, investigate into the complaints, and impose fine on the accused, if found guilty on completion of investigation in the matterhence this billnew delhi;arjun meghwalnovember 18, 2015 annexure extract from the prohibition of employment as manual scavengers and their rehabilitation act, 2013 (act no 25 of 2013) 31 the national commission for safai karamcharis shall perform the following functions, namely:—(a) to monitor the implementation of this act;function of national commission for safai karamcharis(b) to enquire into complaints regarding contravention of the provisions of this act, and to convey its findings to the concerned authorities with recommendations requiring further action;(c) to advise the central and the state governments for effective implementationof the provisions of this act; and(d) to take suo motu notice of matter relating to non-implementation of this act ———— a billfurther to amend the prohibition of employment as manual scavengers and their rehabilitation act, 2013————(shri arjun meghwal, mp)gmgipmrnd—2947ls(s3)—04-12-2015

Parliament_bills

27127917-7bc3-5903-9190-ffa8d8eef3f7

the aligarh" muslim university (~millndnent) bill, 1965 (to be/jf8 introduced in lok sabha) 1 page 1, (i) in the marginal heading to clause 2 for ": ac-otitln" read its ection" -(ii) line 8, for 'for being· i read' being, ?age 3, line ,6,- !:2l: " " , read ":" 2 3 page 6, line 3, for ftc laue e "1ilread "sub-clause" -4 ~age 13, line 15, for "statute" read "st atut as" -page 17, line 16, l2£ "item" read "items" 5 page 20, line 11 from bottom, omit "ly:-" 6 new delhi, august 15 1965 sravana 24, 1887(sbka ) bui no 5x of 9', the aligarh muslim university (amend- ment) bill, 1965 ~ bill further t& mnend' the aligarh muaiim uniderlity ac:t, 1920 , ' ~ it enacted by parliament in the sixteenth year of the bepubue 0( indi~ as follows:-1 this act may be called the aligarh muslim university (amend short tnw) act" 1a65 4iltle z in section 23 of the aligarb muslim university act, 1920 (hereinefter referred' to as the principal act),-1:0 ,(a) in sub-section (1)" the words and bracbt8"add the pro- amedd vice-chancellor (ilf ,any) for the time being" shall be omitted; ment of (b) for sub-sections (2) and (3), the following sub-section lcet1cm shall be substituted, namely: _ 2&, '" "' "(2) the functions of the court shall be- (4) to advise tha;visitor in respect of any matter which may be referred to the court for advice; (b) to advise any other authority of the university in respect of any mauer, which may be referred to the court for advice; and (e) to perform such other duties and exercise such other powers as may be assigned to it by the visitor or under this act" 3 for sub-sections (2), (3), (4), (5) and (6) of section 28 of the principal act, the following sub-section shall be substituted, name- 10 ly:-"(2) the executive council may make new or additional statutes or may amend or repeal ~e statutes; but every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor is who may sanction or disallow it or return it to the executive council for further consideration" 4 for sub-sections (4), (5), (6) and (1) of section 29 of the princlpal act, the following sub-sectiowl shall be substituted; nam~:-"(4) where the executive council has rejected the draft of 20 an ordinance proposed by the academic council, the academic council may appeal to the visitor who may pus such order thereon as he thinks fit (5) 'every ordinance made by the executive counell shall be subjilitted, as soon as mey be, to the visitor who may within a, two months from the date of receipt thereof disallow any iuch ordinance or return it to the executive' council for further con sideration (6y- the visitor may, brorder, direct that the operation of any ordinance shall be suspended until he has had an opportu- 30 nity of' exercising his power of disallowance, and any order of suspension under this sub-section shall cease to have effect on the expiration of two months from the d :e of such order" 5 in section 31 of the principal act, the proviso to iubaection (3) shall he omitted 35 amend mentof matton n i for aec:tion 34 of the principal act, the following section shall subrltu be 8ubs~i~~ted, namely:-tlon at new __ tlonfbr ~, u34~ the annual report of the university shall be prepared mnua! iitlder the direction of the executive council and 8hall be ~ report 5 mitted to the visitor on or before such date as may be prescribed by the statutes"; 7 in section 35 of the principal act, 5ub-sectinn (3) shan be amend omitted ment of section 35~ 8 in section 38 of the principal act, in 8ub-section (2); the wor~ ~ 10 beginning with ": provided that" and ending with "meeting of the ment ot court" shall be omitted seetion _ ii 9 notwithstanding anything contained in the principal act • the amend-statutes of the university shall be amended as follows:-medtot (i) in clause (2) of statute 4, the word uordinarily'· shall be statutei omitted; 15 (ii) in statute 5,-l (a) for clauses (1), (2) and (3), the following clauaes shan be substituted, namely:-20 " (1) the treasurer shall be appointed by the executive council and shalf be a whole-time officer of the university (2) the tenns and conditions of service of the treasurer shall be such as may be prescribed by the ordinances"; (b) in clau-se (5) ,-25 (a) in bub-clause (a), the words "and the court" shall be omitted; (b) in sub-clause (d), for the word "convene", the word "attend" shall be substituted; (iii) in statute 6, after clause (3), the following clause shall be inserted, namely:-"(4) (a) the registrar shan have power to take disciplinary action against the employees belonging to the ministerial staff and to suspend them pending inquiry, to dminister warnings to them or to impose on them the penalty of censure or the withholding ot increment; ",pro:1lided that do such penalty shall be tulpolled udlesa the person concemeci has been given a reasonable opport\l'-nity of showing cause against the action proposed to be taken -in regard to him (b) an appeal &hall lie to the vice-chancellor against s any order of the registrar bnposing the 'penalty of -the '\vithholding of increment , (c) in a case where the inquiry di3closes that a punish-'dlent beyond the powers of the registrar is eilled' for, 'the registrar shall, upon conclu,ion of the inquiry, make a -~ 10 port to the vice-c~cellor 8iong with his recommendaticma, lorsuch-ction as the vice-chancellor 'deems ,fit~"; (iv) for statute 8, the following statute shall be ,substituted, namely:-" the 'court '~8 i(l) the c~urt shall consist of the 'follow!ngimem'ben, is namely:-(a) the ch_ancellor, ez officio, (b) the pro-chancellor, u ojjido, (c) the members of the execufure 'council, u ofjicio, (d) three persons, being heads of departments of 20 studies or principals of colleges of 'the university, nominated by the visitor, (e) two persons, being professors from departments of studies or colieges of the uni~ersity, nominated by the visitor, 2s (f) two persons from among te&chers of the university other than profeors, nominated by the visitor, (g) three representatives of parliament, two to be nominatf by the speaker of the house of the people from among the members thereof and ,one to be nom!- 30 nated by the chairman 01 the council of states from among the members thereof, and (h) thirty -persons nominated by the visitor from among persons who are men of standing in ~pupllc life or have speciallmowledge or practical aperieuce in edu- 3s -cation or have rendered eminent -services-in -uje;cause of _ educatign " 1(2) an membenof the court, other than ez odfcio members, ~ll hold office for a term of three years (3) seventeen members of the court shall form a quorum"; (v) statute 13 shall be omitted; , "(in) 'hi statute 14, in clause (1) ,-" (4) for the word "court", the words "executive council" ·shall be substitut~d; '(b) in sub-clause (4), the words "through the executive council" shall be omitted; '(c) in sub-clause (b), the words "on fthe recommendation of the executive council," shall be omitted; is (vii) for statute 15, the following statute shall be substituted, tnamely:-"15 (1) the executive council shall consist of the fol- fte&x •• lowing members, namely: -~:u (4) the vice-chancellor, ez officio, (b) ~ven persons nom~ted by the visitor, and 20 (c) one person nominated by the chief rector in his discretion~ (2) all members of the executive council, other than ie:t odicio members, shall' hold oftlce for a term of three years (3) five members of the executive council shall form a quorum"; (viii) in statute 16,-(4) in clause (1), for the word "court", the word "vlsitor" shall be 8u·bstituted,· and the words "not otherwise provided for" shall be omitted; (b) in clause (2) ,-(a) for sub-clause (ii) , the following 8u~lau18 ahe1l be substituted, namely:-"'(ii) to appoint members 'of the administrative staff;"; (b) after sub-clause (ii-a) ,the following sub-clauae shall be inserted, namely:-3s " (ii-b) to regulete and -enforce 'd1ieipune &modi members of the teaching, :admlnlstrative ana mfdfs ·terlal std of theuniversfty'in 'm:ordanee with these statutes' and the ordinances;"; (c> in sub-clause (mii), the worda, "otherwise than --- by an act of the court" shall be omitted; (d) in clause (xii), the word "and" occurring at the end shall be omitted' ' , (e) after sub-cla~ (xii), the following lub-clauae s shall be inserted, namely:-it (xii-a) to delegate any of its powers to the vice-chancellor, the registrar or such other officer or autbority of the university or to a committee appointed by it as it may deem fit; and"; 10 (ir) in statute 1~,-(a) in item (i), the words '~the court qrjj ahall be omitted; (b) in item (x), for the word "court", the words "executive council" shall be substituted; is (x) in statute 19a,-(a) in clause (1),-(a) for it~m (iv), the following item shall be ubltituted, namely: - " (iv) one person w~o is not an employee of the 20 university, appointed by the executive council;"; (b) item, (v) shan be omitted; (b) in clause (2), for the word "three", the word "two" shall be substituted; (c) in clause (4), the words "in the abaence of the vice- 2s chancellor', the treasurer shall preside at a meeting thereof" shall be omitted; (xi) in statute 25a,-(4), in clause (2), for the words "contained in the lerms of his appointment,", the words "to the contrary contained 30 in the terms of his contract of se~ce or of his appointment" shall be ~bstituted and the proviso shall be omitted; (b) after clause (2), the following clause shall be inlerted, namely:-10 ----"(3) (a) notwithstanding anything contained in the terms of his contract of service or of his appointment, the executive council shall be entitled to dismiss a teacher on grounds of misconduct, but save as aforesaid, the executive council shall not be entitled to determine the employment of a teacher save for good cause and after giving three months' notice in writing or payment of three months' salary in lieu of such notice (b) the determination of a teacher's employment shall require a two-thirds majority of the members of the executive council present and voting 15 (c) the vice-chancellor may suspend a teacher against whom any misconduct is alleged and shall report the case to the next meeting of the executive councu, but before any orders for dismissal are pa3sed, the teacher shall be informed of the allegations made against him and shall be given a reasonable opportunity of making such representations to the executive -council or to any committee thereof appointed for the purpose, as he may desire to make (d) any dismissal on the ground of misconduct sball take effect on the date on which the teacher wu ftrst suspended 35 (e) before a notice is given or payment is made to the teacher under sub-clause (a), he shall be informed by the executive council of the cause of the action proposed to be taken against him and shall be riven a reasonable opportunity of making such representations to the executive -council or to any committee thereof appointed for the purpose, as he may desire to make (f) notwithstanding anything contained in the statutes, the teacher may aj any time terminate his employment by givin~ the executive council three months' notice in writing"; (ni) statute 28 shall be omitted ' 10 (1) every person holding office as a member of the court or trarw-the executive council, as the case may be, immediately before the tioll&l pro-40 20th day of may, 1965, shall on and from the aaid date cease to hold visiodi ofbce as wch: - , pnwided that where any such person held, ipudediately 1defore such date, any other oflice in the university, notblng cqntained fa this sub-section shall be construed to affect his continuance in such 'oth-omce (z) until the court is constituted in accordance with the provi- 5-&ions of section 2, tead with clause (iv) of section 9, or the executive council is constituted in accordance with the provisions of clause (vii) of section 9, the visitor may, by general or special order, direct any officer of the university to exercise the powers and perform th~ duties conferred or imposed by or under the principal act 10 as amended by this act on the court or the executive councll, as the case may be~ 11 (1) t~ aligai:h mnsum university (amencblumt) ordinance, 1965 is hereby repealed repeal add! aaving (2) notwithstanding such repeal, anything done or any action »5 tajam· under the- said ordinance shell be deemed to, have been done or taken i udder this; act, as it this act had commenced on the 20th da, of-~, 1986 statement of objects and reasonson 25th april, 1965 grave disturbances i took place in the aligarh muslim university campus in which the university students caused injuries to some members of the court which was then in session the vice-chancellor who was made the principal target of concentrated attack sustained seriou's injuries, providentially escaping more dire consequences the university was indefinitely closed enquiries revealed that the disturbances were too well organised to be sporadic and seemed to flow from certain unhealthy in1ltie11&s which for some time had been adversely influencing the e1bciency and the academic purposes of the university after carefully considering the various factors which culminated in the aforesaid disturbgnces involving violence and closure of the university, government came to the conclusion that the univ9rsity could not reopen and' resume normal functioning without certain immediate measures being taken to change the admini!jtrative set up of the university as parliament was not in session at the time and tlle deed for administrative reorganisation was imperative, the president promulgated the aligarh muslim university (amendment) ordinance, 1965 on the 20th may, 1965 the present bill seeks to replace the ordinance by an act of parliament ( the principal objects of the bill in the immediate future are \0) to provide an administrative structure within which the university's return to nornml functioning an~ pursuit of :basic academic purposes may be facilitated and ensured~nd (ii) further to ensure that, as an emergeih:y measure and pending long term legislation about the university to be brought in the near future before parliament by government, it makes the transition from chaos to order both brief and smooth the maid features of the bill are=-(a) the reconstitution of the court of the university as en advisory body and reduction in the number of 'its membership; fb) the reconstitution of the executive council; (c) vesting of certain powers in the vice-chancellor and the registrar in the matter of discipline new delhi; the 9th august, 1965 m c chagla , - - - - - 1 (1) this act may be called the aligarh muslim university act, 1920 shol"t title andcoftlmtmcement - - - - - the court 23 (1) the court shall consist of the chancellor, the pro-chancellor, the vice-chancellor and the pro-vice-chancellor (if any) for the time being, and such other persons as may be specified in the statutes (2) the court shall be the supreme governing body of the university and shall exercise all the powers of the university, not otherwise provided for by this act, the statutes, the ordinances and the regulations it shan have power to review the acts of the executive and the academic councils (save where such councils have acted in accordance with powers conferred on them under this act, the statutes or the ordinances) (3) subject to the provisions of this act, the court shall exercise the following powers and perform the following duties, namely:-(a) of making statutes and of amending or repealing the same; (b) of considering ordinances; (c) of considering and passing resolutions on the annual report, the annual accounts and the financial estimates;: (d) of electing such persons to serve on authorities of the university and of appointing such officers as may be prescribed by this act or the statutes; and (e) of exercising such other powers and performing such other duties as may be conferred or imposed upon it by this act or the statutes - - - - - statutes 21 (1) - - - - -- -~ --~ (2) the court may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter in this section provided (3) the executive council may propose to the court the draft of an~ statute to be passed by the court, and such draft shall be considered by the court at its next meeting (4) the court may approve any such draft as is referred to in ~!: sub~ection (3) and pass the statute or reject it or return it to the executive council for reconsideration, either in whole or in part, together with any amendments which the court may suggest: provided that the executive council shall not propose the draft of any statute or of any amendment of a statute affecting the status, powers or constitution of any existing authority of the university until such authority has been given an opportunity of expressing an opinion upon the propo~l, and any opinion so expressed shall be ~ writing and shall be considered by the court (5) any member of the court may propose to the court the draft of any statute and the court may reject the proposal or refer such draft for consideration to the executive council, which may either xeject the proposal or submit the draft to the court in such form as the executive council may approve, and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed to the court by the executive council (6) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow, or remit it for further considera tion 29 (1) - - - - power to make ordinances (4) where the executive council has rejected the draft of an ordinance proposed by tile academic council, the academic council may appeal to the central government and the central government may, by order, direct that the proposed ordinance shall be laid ~fore the next meeting of the court for its approval and that pendmg such approval it shall have effect from such date as may be spe----------- cified in the order: provided that if the ordinance is dot approved by the court at such meeting, it shall cease to have effect (5) all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor and the court and shall be considered by the court at its next meeting and the court shall have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to cancel any ordinance made by the executive council, and such ordinance shall, from the date -cjf-uch resolution, cease to have effect (6) the visitor may, by order, direct that the operation of uy ordinance shan be suspended until he has had an opportunity of exercising his powers of diaallowance, and any order of auspeaaion under this sub-section shall cease to have effect on the expiration of one month from the date of such order or on the expiratida gf fifteen days from the date of consideration of the ordinance by the court, whichever period expires later (7) the visitor may, at any time after an ordinance hu been considered by the court, signify to the executive council his disallowance of such ordinance, and from the date of receipt by the executive council of intimation of such disallowance, luch ordinaace shall cease to have effect | 31 ||---------|| - || - || - || - || refula- || tions |(3) the executive council may direct the amendment, in luck manner as it may specify, of any regulation made under thb section or the annulment of any such regulation: provided that any authority of the university which is dissatisfied with any such direction may appeol to the court, whose decision in the matter shall be final - - - - - - - annual report 34 the annual report of the university shall be prepared under the direction of the executive council, and shall be submitted to the court on or before such date as may be prescribed by the statutes, and shall be considered by the court at its annual meeting the court may pass resolutions thereon and communicate the same to the executive council which ball take such action thereon u it thinks at ,~ ; i 35(1) - - - - annual account (3) the annual accounts and the financial estimates shall be considered by the court at its annual meeting, and the court may pass resolutions thereon and communicate the same to the executive council which shall take such action thereon as it thinks fit 38 (1) - - - - fillln, of (2) subject to the provisions of sub-section (3) of section 18, =~~e casual vacancies in ally office or in any authority shan be filled up -:-! -~,! - by the authority which has power to appoint to the 'office or authority: provided that when the court is the appointing authority the casual wcancy shall be filled by th;; executive council, and the person so appointed shall hold office till the next meeting of the court - - - - - the statute - - - - - 4 (1) - - - - pro-vic8-(2) the term of office of the pro-vice-chancellar shall ordinarily chan~l1or be co-terminous with the term of office of the vice-chancellor: provided that, notwithstanding the expiry of the term of his otftce, the pro-vice-chancellor shall continue in office until his successor is appointed and enters upon his office - - - - - 5 (1) the treasurer shall be elected by the court t from among a panel of three persons nominated by the executive reuurer council, and the election shall be subject to the approval of the visitor he shall hold office for a term of five years (2) he shall be an ex otjieio member of the-- court and the executive council (3) a casual vacancy in the office of the treasurer shall be filled by the executive council the person appointed to flll such vacancy shall hold office until the election of his successor at the next annual meeting of the court - - - - - (5) the treasurer shall:-(a) aubject to the control of the executive councll, manage the property and investments of the udiversity and be respon-court sible for the preparation of the annual accounts and the financial estimates and for their presentation to the executive council and the court; -- - - - - (d) convene meetings of the finance committee; add - - - - - 8 (1) the court shall consist of the following members, namely:-ex officio members (i) chancellor; (li) pro-chancellor; (iii) vice-chancellor; (iv) plro-vice chancellor, if any; (v) treasurer; (vi) all ex-vice-chancellors; (vi-a) librarian; (vii) provosts; and (viii) proctor representatives of the departments and colleges (ix) heads of departments of studies; (x) principals of colleges; and (xi) professors who are not heads of departments of studies representatives of university teachers other than pro!elbor, (xii) (a) two readers, by rotation according to seniority, who shall be members for a term of three years; (b) three lecturers, by rotation according to seniority, who shall be members for a term of three years representatives of ex-students (xiii) fifteen representatives to be elected by the alumni (old boys) association donor(xiv) (a) every person making to the univeraity a donation of one lakh of rupees or upwards or transferring property of the like value, and (b) representatives of persons making to the university a donation of rs 1,000 or upwards (excluding persons who have donated rs 1,00,000 or more), elected from among themselves there shall be one representative far every flfty iuch donors, subject to a dlqximum ~( fifteen representatives every donor who makes to the university an annual grant of money, the payment of which is secured by mortgage of immovable property or in such other manner as the executive council may approve, shau, subject to the provisions of explanation 3, have the same rights as to membership of, and representation on, the court as if he had been a donor of such sum as represents the capital value of such annual grant ascertained at a rate of interest of 3i per cent: provided that in the case of a body corporate, the executive council may dispense with any such security the amounts of donations specified in sub-items (a) and (b) may, for the purpose of qualifying the donors within those provisions, be made up partly of· money or of capitauiif1l grants, as provided in explanation i or of property or partly of any two or more of these when an annual grant is not fully paid up or falls in arrears, the donor shall not be entitled to exercise any of the privileges conferred on him by any of the foregoing provisions of thi statute, unless and until the said arrears are paid up where the donors of a sum· are more persons than one, who constitute a joint hindu family or partnership firm or a company or corporation, the registrar shall call upon such donors to elect, within a time to be fixed by him, one of their number to represent and act, for them in voting at the election if such donors fail to elect and notify the name and address of the person so elected by them within the time specified in the notice, or within such further period of time as may be allowed ,by the registrar or are 4 unable to agree as to the person who sh~uld represent them for the purpose of yoting at the election, the registrar shall lay the matter for orders before the vice-chancellor who may nominate anyone of -their number -to represent them at the election for the purpose of voting the orders of the vice-chancellor in this regard shall be final the na~e of the person so elected or nominated to represent such donors shall be entered in the column of remarks against the names of such donors, and for purposes of serving all notices of elections, of making nominations of persons to be eleded and for voting at the election the person so noted as the representative of such donor shall be deemed to be th1! person entitled to act as one of the electors where the donor is a minor, or a person 8uttering from a disability, or a ward of a court, the legal guardian of such person shall be entitled to act for him at the election as a voter, so long as the minority or disability continues or so long as he is a ward of a court where the same person is not the it:gal guardian of the person and property of a minor, the legal guardian of the property shall be deemed to be the guardian persons representing learned profession and indut'll 4rdl commerce(xv) ten persons representing the learned professions, to be elected by the court, of whom at least five shall be persons residing outside the state of uttar pradesh; (xvi) three representatives of the all·1ndia muslim edu· 'cationa] conference; (xvii) five persons representing industry and commerce, to be elected by the court representatives of parliament(xviii> three members of the parliament, two to be elected by the lok sabha from among its own members in such manner as the speaker may direct alld one to be elected by the raj)" sabha from among its own members in such manner as the chairman may direct: provided that until both houses of parliament are ~ tuted, the three members may· be elected by tire provistorral hrlimjeslt reptesentatives of muslim cultute and leaming(xix) five persons representing muslim culture and learning to be elected by the court nominated membets(xx) (a) not more than five persons to be nominated by the visitor; (·b) not more than two persons to be nominated by the chief rector; and (c) _not more than three persons to be nominated by the chancellor: provided that in making nominations under sub-items (a) and (c) due regard shall be had to the representation of the different areas of the country, in view of the all-india character of the university: provided further that no employee of the un;versity shall be eligible to be a member under any of the item (xiii), (xiv), (xv), (xvi), (xvii) i (xviii), (xix) or (xx) (2) if any body of persons entitled to elect a member fails to do so within the time prescribed by the court, the court may appoint as member any person whom that body of persons could have elected as a member: provided that in the case of the first elections to the court, the powers conferred upon the court by this clause shall be exercisable by the executive council (3) save as otherwise expressly provided, a member of the court shall hold office for a period of five years () the method of election shall be as laid down in the ordinances (5) the proceedings of the first meeting of the court, including any adjourned meeting thereof, after the commencement of the aligarh muslim university (amendment) act of 1951, shall be valid notwithstanding the existence of vacancies under items (xiii) to (xx), inclusive of clause (1) of this statute - - - - - 13 (1) an annual meeting of the court shell be beld on a date meetinas to be fixed !by the executive council unless some other date has of the been fixed by the court in respect of any year at such annual court ~eeting, a report of the working of the university during the pre-vious year, together with a statement of the receipts and expenditure the b~ajlce sheet, _as audited, and the financial estimates shall be presented and any vacancies among the ofbcers of the university or among the members of the court or the executive council or the finance committee which ought to be ftlled up by the court shan ·be so ftlled up (2) a copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in clause (1) shall be sent to every member of the court at least seven days before the date of the annual meeting, and shall be open to inspection of au members of the court and the academic council' at the office of the university during the year following such annual meeting, at such reasonable hours and under such conditions as the executive council may determine (3) twenty-ftve members of the court shall form a quorum (4) special meeting of the court may be convened by the executive council or the vice-chancellor, or, if there is no vice-chancellor, by the pro-vice-chancellor or, if there is no pro-vice-chancellor, by the registrar: provided that a special meeting of the cowt shall also b~ called if one-third of the members of the court or fifty members,' whichever number is less, make a requisition in writing in this behalf powers in 14 (1) the court may, by resolutions passed by a majority of dot respect less than two-thirds 0:": the members present and votingof grantmg and with~ drawing degree (a) on the recommendation of the academic council, through the executive council make proposals to the chancellor for the conferment of honorary degrees; (b) on the recommendation of the executive council, withdraw any ordinal! degree or diploma conferred by the univer-sity; and - - - - - 15 (1) the executive council shall consist of the following executive council members, namely:- (i) vice-chancellor; (ii) pro_vic~hanceuor, if any; (iii) treasurer; (iv) three deans, by rotatio~ accot:ding· to seniority; (v) principals of two colleges, other tlian the principal of the women's college, to be members in rotation for a term of three years; (vi) principal of the women's college; (vii> one provast, ·by rotation according to seniority; (viii) proctor; (ix) five persons; none of whom shall be an employee of the university, elected by the court from among its members, of whom at least three shall be persons residing outside the state of uttar pradesh: provided that until such persons are elected by the court their places shall be filled by persons nominated by the visitor; (x) two persons nominated by the visitor; (xi) one person nominated by the chief rector; and (xii) one person nominated by the chancellor (2) members of the executive council, referred to in items (v) and (ix) to (xii) of clause (1) shall hold office for a term of three years (3) eleven members of the executive council shall rorm a quorum 16 (1) the executive council shall, subject to the control of powers the court, have the management and administration of the whole of the revenue and property of the university and the conduct of all e~ecuti~t administrative affairs of the university not otherwise provided for oudc1 (2) subject to the provisions of the act, the statutes and the ordinances, the executive council shall, in addition to all other powers vested in it, have the following powers, namely:- (ii) to appoint members of ~he administrative staff or to delegate the power of appointment to such authority or authorities or officer as the executive council may, from time to time, by resolution, either generally or specially direct; - - - - - (viii) ·toentertain, adjudicate upon, and, if thought fit, to redress' any grievances of the officers of the university, the teaching staff, the students and the university's servants, who may, for any reason, feel aggrieved, otherwise than by an act of the court; ' - - - - 18 subject to the act, the statutes and ,the ordinances, the academic council sh~ll, in addition to all other powers vested in it have the following powers, namely:-powers of the-academic council (i) to report on any matter referred to or delegated to it by the court or the executive council; - - - - - (x) to fix, subject to any conditions accepted by the court, the time, mode and conditions of competition fol' fellowships, scholarships and other prizes, and to award the same; - - - - - finance 19-a (i) the finance committee shall consist of the following commit members, namely:-tee - - - - - (iv) two persons, who are not employees of the university, elected by the court, at least one of whom shan ·be a penon who is not a membea- of the executive council; (v) treasurer (convener) removal ofmembers and oftleers(2) three members of the finance committee shall form a quorum " - - - - - (4) the vice-chancellor shall preside at the meetings of the finance, committee in the absence of the vice-chancellor, the treasurer shall preside at a meeting thereof - - 25-a - - - • - - - • (2) notwithstanding anything contained in the terms of his appointment, any offtcer of the university, salaried or otherw1le, may be removed from that office by the authority, which is competent to fill the vacancy on eith~r of the following grounds, namely:-ly:-(i) the officer has become incapable of perfo~ming his duties; (ii} the officer has been convicted by a court of law of an offence which, in the opinion of the court, the executive council, or the academic council, as the case may be, invol~ m~ral turpitude: , ' , 'provided that nothing in this clauae shall be deemed to affect ~y rights accruing to an oftlcer appointed' oii" eoiit~act in accordance with the· tenns of that contract l' - - - - - 28 no member of the alumni (old boys) association shall be entitled to vote or stand for the election to the court unless---~ -- (1) he has been a member of the association for at least five years continuously prior to the date of election; (il) he pays such subscription and satisfies such other conditions, as may be prescribed by the ordinances; (iii) he is a graduate of the aligarh muslim university; or an ex-student of the mao college or the m \o collegiate school, aligarh; if a non-graduate ex-student of the university has been a member of the association for a continuous period of ten years: provided not less than eight of the persons so elected shall be graduates ezplanation-the word "graduate" in' the proviso ihall include a graduate of the mohammadan anglo-ortental college, aligarh - - - - - a bill further to amend the aligarh muslim u wversity act, i920 (shri m c ciuj8la, minister of edu&ation)

Parliament_bills

2911f372-a481-5b13-8eda-8f74d840a6e1

(iii) one retired police officer who has retired from the rank of director general of poiice; and (iv) one human rights activist who has at least twenty years of experience of service in the field of human rights 5 provided that the members of the commission shall be nominated by the central government after consulting a panel consisting of chief justice of india, the leader of opposition in the lok sabha and the chairman of national human rights commission 12 (1) the commission may— | powers | and ||------------------|--------|| functions | of || the | || committee | || 10 | || (4) | || inquire, | || cause | || to | || inquire, | || investigate | || and | || cause | || to | || investigate | || any | || incident | || of | || offences | || mentioned | || in | || sections | || 3 | || to | || 5 | || of | || this | || act | || (ii | || call | || for | || a | || report | || from | || the | || district | || magistrate/chief | || secretary | || of | || the | || sats | || concerned, | || on | || such | || incidents | || (iii) | || issue | || public | || notice | || requesting | || citizens | || and | || non-governmental | || organisations | || to | || depose | || before | || it | || in | || the | || course | || of | || an | || inquiry | || 15 | || (iv) | || use | || the | || services | || of | || any | || investigating | || agency | || of | || the | || state | || or | || the | || union | || government | || (v) | || supervise | || investigation | || and | || prosecution | |(2) the commission shall fix responsibility of the public servants for maintaining law _and order duty and shall recommend to the appropriate government for such departmental actions/punishment and/or prosecution of such public servant, as it may deem fit 20 (3) the commission shall invite claims from all persons who are entitled to claim compensation for loss of life, limb, serious injury and/or loss of property and otherwise 25 (4) the commission shall decide the quantum of compensation over and above the sum mentioned in section 8 of this act as well as the person/persons to whom it shall be paid 13 the victims of communal violence shall have the right to appeal to civil courts against the decision of the commission in matters of compensation | right | of ||----------|-------|| victims | to || appeal | |14, (1) the commission shall, in its report, record its views regarding timely response report of the commission or failure of the political executive of the state in handling the offences mentioned in sections 30 3 to 5 of this act (2) the report of the commission shall be made public within two months of the occurrence of the crime commission 35 15 (1) the commission on receipt of an information or otherwise, shall call for report from the appropriate government in cases of tension arising between the groups/classes and shall also suggest appropriate measures for reconciliation and maintenance of peace between the groups and classes to call reports from appropriate government (2) the correspondence with the appropriate government may be kept confidential if the commission so decides 40(3) the commission shall constitute a committee of experts to monitor the community/group relations power to make rules 16 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act statement of objects and reasonscommunalism has become a major threat to indian civil society and polity we all are aware of the horrible forms of communal riots as well as politics based on communalism haunting the country in the past several years it has posed a serious challenge to the fundamentals of our constitution and the rule of law even the highest court of the land had to intervene many a times to protect the principle of natural justice india has clearly reached a stage where the existing laws have failed to prevent communal violence and politics based on hate the only way out is to work in right earnestness for the prevention of communal violence rather than dealing with it after it occurs any such attempt needs to be based on a national awareness campaign but in addition, certain short term legal and administrative measures, too, are necessary to nip the communal violence in the bud itself that is why it is necessary for government of india to immediately constitute a fulltime commission to monitor and prevent communal! and sectarian violence and also a fresh set of laws must be enacted giving judicial teeth to the proposed commission to act for the prevention of communal violence, to monitor and enhance inter-community faith, peace and harmony to act and intervene independently both as a preventive and fire fighting body to deal with the victims of sectarian violence the proposed commission should be empowered to initiate legal action against the perpetrators of communal/sectarian violence and should have legal powers to work for the compensation as well as rehabilitation of the communal/sectarian victims hence the bill new delhi; ajit singh february 17,2005 financial memorandumclause 8 of the bill provides for compensation to be paid to next of kins of those killed in communal riots clause 9 provides for provision of employment to one member ofa family whose sole earning member has been killed in communal violence clause 10 provides for compensation to be paid to those injured in incidents of communal violence clause 11 provides for the creation of a national commission for inter-community peace and justice clause 12 provides that commission shall fix the quantum of compensation to be paid to the victims of communal riots clause 15 provides for the constitution of a committee of experts to monitor inter-community relations 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 twenty crore and a non-recurring expenditure of about rupees fifty crore _ memorandum regarding delegated legislationclause 16 of the bill empowers the central government to make rules for carrying out the provisions of the bill the matters, in respect of which rules may be made are matters of procedure and detail the delegation of legislative powers, therefore, is ofa normal character

Parliament_bills

74bfbc54-ace9-53d0-8ebf-bc9d7db1f121

bill no 98 of 2017 the indian penal code (amendment) bill, 2017 byshri p karunakaran , mpa billfurther to amend the indian penal code, 1860be it enacted by the parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2017(2) it shall come into force on such date as the central government may, by notification, statement of objects and reasonssection 124a of indian penal code, 1860, more popularly known as the sedition law, has for long been in the period of obsolescence the scrapping of the law has been long overdue the law which was framed during the period of british rule in india is no more durable as other laws are available to clamp down the real threat to the nation even the supreme court has interpreted this section to ensure that it applies only to actions that have a direct and unambiguous connection to violence or public disorder the sedition law is no more of real use in the democratic framework as it exists in the country the democratic principles are more mature in handling the criticism against it the democratic principles stand for free speech which is the essence of any democracy and use the sedition law to suppress the freedom of speech is in itself is not rightthe bill, therefore, seeks to omit section 124a of the indian penal code, 1860 hence this billnew delhi;p karunakaranjuly 5, 2016 annexure (extracts from the indian penal code, 1860) sedition124a whoever, by words, either spoken or written, or by sign, or by visible representation, or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in india, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fineexplanation 1—the expresssion "disaffection" includes disloyalty and all feelings of enmityexplanation 2—comments expressing disapprobation of the measures of the attempt to excite hatred, contempt or disaffection, do not constitute an offence under this sectionexplanation 3—comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section ———— a billfurther to amend the indian penal code, 1860————(shri p karunakaran, mp)gmgipmrnd—4245ls(s3)—10-07-2017

Parliament_bills

b9b0556a-b366-5e58-8010-80eab57dcab2

bill no 154 of 2017 the central goods and services tax (extension to jammu and kashmir) bill, 2017 a billto provide for the extension of the central goods and services tax act, 2017to the state of jammu and kashmirbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the central goods and services tax (extension to jammu and kashmir) act, 2017short title and commencement(2) it shall be deemed to have come into force on the 8th day of july, 201712 of 2017extension and amendment of central goods and services tax act, 2017(2) with effect from the date of commencement of this act, in the principal act,— (a) in section 1, in sub-section (2), the words "except the state of jammu and kashmir" shall be omitted;(b) in section 22, in the explanation, in clause (ii), after the word "constitution", the words "except the state of jammu and kashmir" shall be inserted;5(c) in section 109, in sub-section (6),—(i) after the words "each state or union territory", the words "except for the state of jammu and kashmir" shall be inserted;10(ii) in the first proviso, for the words "provided that", the following shall be substituted, namely:—"provided that for the state of jammu and kashmir, the state bench of the goods and services tax appellate tribunal constituted under this act shall be the state appellate tribunal constituted under the jammu and kashmir goods and services tax act, 2017:15provided further that";(iii) in the second proviso, for the words "provided further that", the words "provided also that" shall be substitutedord 3 of 2017repeal and saving3 (1) the central goods and services tax (extension to jammu and kashmir)ordinance, 2017 is hereby repealed20(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe central goods and services tax act, 2017 (cgst act) was enacted with a view to make a provision for levy and collection of tax on intra-state supply of goods or services or both by the central government and for matters connected therewith or incidental thereto2 sub-section (2) of section 1 of the cgst act provides that the said act extends to the whole of india except the state of jammu and kashmir3 on 5th july, 2017, the legislative assembly of the state of jammu and kashmir passed a resolution adapting the constitution (one hundred and first amendment) act, 2016 consequently on 6th july, 2017, the constitution (application to jammu and kashmir) amendment order, 2017 was issued by the president extending the provisions of the constitution (one hundred and first amendment) act, 2016 to the state of jammu and kashmir4 the state of jammu and kashmir passed the jammu and kashmir goods and services tax act, 2017 which came into force on 8th july, 2017 and the central tax levied under the cgst act had to be imposed concurrently on intra-state supplies in the state to avoid any anomalous situation that may go against the very spirit of the goods and services tax5 in view of the above, it had become necessary to extend the provisions of cgstact to the state of jammu and kashmir subject to the following amendments, namely:—(i) to amend sub-section (2) of section 1 of the cgst act so as to omit the words"except the state of jammu and kashmir";(ii) to amend clause (iii) of explanation to section 22 of the cgst act so as to exclude the state of jammu and kashmir from the purview of "special category states"; and(iii) to amend sub-section (6) of section 109 of the cgst act so as to provide that for the state of jammu and kashmir, the state appellate tribunal constituted under the jammu and kashmir goods and services tax act, 2017, shall be the state bench of the goods and services tax appellate tribunal under the cgst act 6 as parliament was not in session and an urgent legislation was required to be made, the president promulgated the central goods and services tax (extension to jammu and kashmir) ordinance, 2017 (ord 3 of 2017) on the 8th day of july, 20177 the bill seeks to replace the aforesaid ordinancenew delhi;arun jaitleythe 24th july, 2017 financial memorandumthe proposed central goods and services tax (extension to jammu and kashmir)act, 2017 does not involve any recurring or non-recurring expenditure from the consolidated fund of india———— a billto provide for the extension of the central goods and services tax act, 2017to the state of jammu and kashmir————gmgipmrnd—1471ls(s3)—26-07-2017

Parliament_bills

09499f11-4c0c-5511-a023-02e5c01d12ac

bill no xxxiv of 2006 the quoting of source of law bill, 2014 abillto provide for the quoting of source of law while publishing notifications, orders, circulars, tenders for bringing in transparency in government functioning and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of republic of india as follows:—1 (1) this act may be called the quoting of source of law bill, 2014(2) it extends to the whole of india except to the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as "the central government" may, bydefinitions2 in this act, unless the context otherwise requires—10(a) "appropriate government" means in case of a state, the government of thatstate and in other, cases the central government;(b) "publish" means publishing through official gazette, newspapers, magazinesand other print media;(c) "prescribed" means prescribed by rules made under this actquoting of some of law by appropriate govt3 notwithstanding anything contained in any other law in the time being in force theappropriate government shall not publish a notifications, orders, circulars, tenders without quoting of source of law viz constitution of india, act of parliament or state legislatures,rules framed thereunder, regulations, bye-laws etcpower to make rules54 the central government may, by notification, in the official gazette make rulesfor carrying out the provisions of this act statement of objects and reasonsthe central government as also state governments publish, from time to time notifications, orders, tenders etc in official gazettes, newspapers and other print media however, in most of the cases, the source of the law, namely, constitution of india, act of parliament or the act of a state legislature, rules, regulations or byelaws, under which these are issued, do not find mention thereinto ensure transparency in the administration public should know all the relevant aspects of government acts and deeds which are being published under the authority of law regulationspublic, companies, corporations or other bodies affected by such notifications, orders etc will get a clear idea if source of law under which these documents are published, is made known to them if any notification, order or tender etc is issued under the executive powers of any authority, constitutional or otherwise, the same should invariable be mentionedthis will also prevent the authorities concerned from issuing notifications or orders etc, which are outside the scope of the lawhence this billshantaram naik memorandum regarding delegated legislationthe clause 4 of the bill empowers the central government to make rules for the purposes of this bill the rules relate to matters of details onlythe delegation of legislative power is of a normal character———— a billto provide for the quoting of source of law while publishing notifications, orders, circulars, tenders for bringing in transparency in government functioning and for matters connected therewith or incidental thereto————(shri shantaram naik, mp)gmgipmrnd—3792rs(s3)—18-12-2014

Parliament_bills

8bc72f13-af5f-5d72-80bc-b8a85a11bcab

bib no 52 of 1977 the appropriation (railways) no2 bill, 1977 billto authorise payment and approprigtidn uf certain "'rna from and out of the consolidated fund olf india few the ,ennce, of the financial yell/f" 1177-78 for the pu:rpobes of railways be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the appropriation (railways) no 2 act, 1977 ' short title s z from and out of the consolidated fund of india there may be paid and applied sums not exceeding thor speci1led in column 3 of the schedule amounting in the aggregate [idcluaive of the bums bpecifted in column 3 of the schedule to the appropriation (railways) vote (in 3 of 19'17 account act, 1977] to the sum of three thousand ieveil hundred twenty-10 eighth crores, seventy-nine lakhs and seventy thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1977-78, in respect of the services relating to railways spedfted in column>2 of the schedule> iaue of ra 3728, '18,70,000 out 01 the consolidated fund of india for the ftnancia! year it1'1-78 appropriation 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 services and purposes expressed in the schedule in relation to the said year 1 i 2 3 ! i i swdi not exceediaa -"---s no of i services and purpoae8 1------','· , oa 1'-----vote i' voted by cbu8ed __ i ~ ~~i· t: 10 1 ! railway board 2,51,88,000 25188000 2 , miscellaneous expenditure i~1684,ooo 3,00,000 i 12,19,84,000 46,68,000 3 i payments to worked lines and othel'll i 46,68,000 ~,38000 158,71,77,000 4 vi !)rking bxp:ns_\dministration, i 1,58,69,39,000 s is 15>41,000 66774,29,000 working expenses-repairs and i 66758,82,000 maintenance , i i 47,71000 340·85,11,000 6 workins bxpen~operating statf, i 340,37,3~,000 43,88,00 33471,90,000 7 working expenses-operation lfucl) 334,28,02,000 i 8 ~,68,53 ,000 1133981,000 \vorlti~~enses-opcration other ! 1 iiii,28,ooo than and fuel - , ,: 20 9 ij,1~,ooo 58,8940,000 working bxpenses-miscejlanellus i 53,75,68,000 ~es i 1>31,000 57,3296,000 10 working bxpeaaes-statf welfare i 57,31,,,,000 ii 140,00,00,000 worltina expensea-appro~on i to depreciation reserre - 140,00,00,000 25 40,0000,000 ii-a i worltina bwenses-appropriation to penaion und - - 40,00,00,000 60,000 13 open line word (revenue) - 8,99,85,000 12 i i dividend to general revenuea add contribution for grad1i to states i ill lieu of paaaeacer pare tu: 14 ! construction of new ljdei-capitil is,oo,ooo 51,97,32,000 so,oo,ooo j' 1240,37,73,000 35 - 3840,96,000 ~ and depreciation resene fuad - i 15 i open line workl--cadltal dc-i dreciation reserve fudd uad deve-i iopmcat fund - - - i 1239,87,73,000 16 penaillw)' cbarp-pc:iiiiod piidd i 384096,000 17 ! repaymeac ra loani &old geaenl , :aeyenues aad ~ cbenoo-i deveiopmalt plidcl - - 18 appropriation to deveiopmedt pund i 26,65,66000 i 5 voted by parlildaeat ~-tcqi dated pand rio rio ri 10 19 ~"--i 5,il4,oaooo und 0 0 0 0 0 5,84,02,000 20 payments toward amoniaatiod of is i over-=aation, repayment of i i loan general revenuee add i interest thereon-revenue , reserve fund 0 0 0 180,55,28,000 i 180,55,28,000 i 21 appropriation to aclcident com-i pensation, safety and pusenger 9,22,84,000 i amenitiee fund 9,2284000 20 u aclcident compenaation, safety and passenger amenities fund 5,67,00,000 s?,so,ooo 6,20,50,000 ! total 137•24,04>48,0001 4·"/s,33000 137,28,79,70,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitu~io~ 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 central government on railways for the financial year 1977-78 madhu dandavatf: be' recommendation of the vice~president acting as president under article 117 of the constitution of inola[copy of letter no 77-b-401 dated the 11th june, 1977 irom prof madhu dandavate, minister of railways to the secretary-general, lok sabba] the vice-president acting as president, having been informed of the subject-matter of the proposed appropriation bill providing for the withdrawal 'from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the lok sabha for the financial year, 1977-78, recommends under clauses (1) and (3) of article 117 of the constitution of india the introduction in and consideration by lok sabha of the appropriation bill - - billto -authorise payment and apprepfia1ion -of --cset4lain ,um from and «it of ' the consolidated fund 'f>f lwdia'for the servioes -of the 'fidm1eial year 197'1"'18 i6l' the purpoaes of ratlwaya - ,- 1 (prof madhu banduvate minister of railivay • )

Parliament_bills

a8f5a7e3-c85d-5a1f-8116-6ba55edbc748

bill no 242 of 2018 the women (development and welfare) authority bill, 2018 by shri rajeev satav, mp a billto provide for constitution of the women development and welfare authority to formulate schemes and recommend to the appropriate government about measures for women empowerment and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows :—act, 2018short title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "annual report" means a report giving the details of developmental activities taken up over the year by the authority and detailing about targets set and achieved;(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(c) "authority" means the women (development and welfare) authority constituted under section 3;(d) "domestic worker" means a woman employed to do work in or for a private household(s) including cooking, cleaning, gardening, childcare, and old-age care;10(e) "health certificate" means a document signed by a competent health authority providing proof that a person is non-alcoholic;(f) "placement agency" means any agency or contractor, whether registered or otherwise, engaged in the placement of domestic workers with prospective employers; and(g) "prescribed" means prescribed by rules made under this act153 (1) with effect from such date as the central government may, by notification in the official gazette specify, there shall be constituted an authority, to be known as the women (development and welfare) authority for carrying out the purposes of this actconstitution of women (development and welfare) authority(2) the authority shall consist of:—20(a) union minister, ministry of women and child development—chairperson, ex-officio;(b) a deputy chairperson, preferably a woman with such qualifications and experience, as may be prescribed, to be appointed by the central government;(c) chairperson, national commission for women—member, ex-officio;25(d) director general of health services, ministry of health and family welfare—member, ex-officio;(e) one member representing single women with such qualification, as may be prescribed, to be appointed by the central government;30(f) seven women members of parliament of whom four shall be from the house of the people and three from the council of states, to be nominated by the respective presiding officers of each house;(g) five members representing union ministries of home affairs, human resource development, health and family welfare, finance and social justice and empowerment;35(h) not more than four members to be appointed by the central government in consultation with the government of the states, by rotation in alphabetical order, to represent the government of the states;40(i) three members to be appointed by the central government from amongst the registered non-governmental organisations (ngos) working in the field of women empowerment and welfare and having an experience of at least ten years in the field of protection of women rights (3) the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the authority under this act(4) the qualifications and experience, salary and allowances payable to and other terms and conditions of services of officers and staff of the authority shall be such, as may be prescribed(5) the authority shall follow such procedure for holding its meetings and the quorum for such meetings shall be such, as may be prescribed 5 (6) the authority shall have a secretariat consisting of a member secretary and such number of officers, employees and establishments with such conditions of service, emoluments and perks, as may be prescribed or determined, from time to time, for the efficient functioning of the authorityfunctions of the authority104 (1) subject to the guidelines issued by the central government under the provisions of this act, the authority shall formulate a comprehensive policy within one year of its constitution to achieve the objectives of this act and perform such functions as may be necessary to ensure empowerment of women(2) without prejudice to the provisions contained in sub-section (1), the functions of the authority shall include but not limited to:—(a) work out plans and formulate schemes for the overall welfare and rehabilitation of abandoned, disowned or distressed widows and single women covered under this act and implement such measures in right earnest;15(b) provide funds to encourage micro credit for young women entrepreneurs; (c) frame guidelines regarding mobile health care facilities and social securitycover to the women agricultural labour to be followed by agricultural land owners;(d) recommend to the appropriate government on free legal aid to women;20(e) recommend to the appropriate government the penalties to be imposed forharassment of domestic women workers;(f) establish a separate widow welfare board to collect data of widows andformulating rehabilitation schemes for them;25(g) provide guidelines to the appropriate government for establishing all womanpolice stations, banks and courts at district levels within specific timelines;(h) undertake, promote and publish studies relating to the importance of women empowerment;(i) including in school curriculum the subject of creating awareness about women empowerment among general public; and30(j) recommend for setting up of such number of women employment centres inevery district as may be prescribed to provide assistance to women for employment or self-employment;(k) frame guidelines to provide scholarships to girl students;35(l) recommend to the central government to prepare a special savings schemes for woman with higher rates of interest;(m) recommend to the appropriate government for formulating stringent regulations for private placement agencies and regulations for domestic workers; and(n) undertake such other activities as may be prescribed by the central government40(3) the authority shall disseminate necessary knowledge and information collected, to the respective departments of the central and the state governmentsannual report5 the authority shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving the summary of its activities including schemes it has undertaken and recommended to the central government during the year and it shall contain statements of annual accounts of the authority456 the central government shall cause the annual report and the audit report, together with a memorandum of action taken thereon of the authority to be laid before each house of parliamentannual report and audit report to be laid before parliament57 the central government, shall from time to time provide, after due appropriation made by parliament by law in this behalf, requisite funds for carrying out the purposes of this actcentral government to provide requisite fundspower to remove difficulty108 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment in consultation with the state governments may make such order or give such direction not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of any difficulty:provided that no such order shall be made after the expiry of the period of two yearsfrom the date of commencement of this actpower to make rules9 (1) the central government, in consultation with the state governments, made bynotification in the official gazette, make rules for carrying out the purposes of this act15 20(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonswe are a nation of one hundred and thiry-two crores people out of which 643 crores are women to emphasise the urgency and importance of women empowerment, the revered swami vivekananda said—'there is no chance for the welfare of the world unless the condition of women is improved it is not possible for a bird to fly on only one wing ' it is true that we have come a far way in these seven decades as a nation, in realising this dream where men and women are on equal footing given any social, economic or cultural indicator but at the same time, it is an undeniable truth that it is a dream that is yet to be fully realised while decades of policies, laws and welfare schemes have aimed at bridging this gap, we can still do a lot better as a society and a young country an aim of constant improvement in the sphere of women empowerment should be at every citizen's heart only then will be in the right direction of realising our fullest potential as a country and an evolved societypurely economic indicator, which the government very proudly cites to assert success, present a very fallacious picture they often mask low gender inclusivity and pitiable state of social indicators for women that india suffers from an encompassing policy which secures fundamentals like equitable proportion of women in the workforce as entrepreneurs, scientists, policy experts, healthcare workers and skilled labour force in factories should be the primary step gender quality and equity in the best educational institutions and skill development centres will further accelerate the achievement of this goalthe creation of a women (development and welfare) authority to orchestrate policy changes that can pave way for empowerment in the truest sense is the need of the hour the authority shall devise special saving schemes for women in every household with higher rates of interest and annual bonuses if husband produces a non-alcoholic certificate from government hospital special fund would be created to provide for micro credit to women entrepreneurs to set up their start-ups after education mobile health care facilities and social security cover would also be provided for agricultural labourers it will regulate placements by organizing domestic workers under a newly formed body to safeguard their rights a separate widows welfare board is required to be set-up for maintaining data on widowed women in the country and to formulate subsistence schemes for the needythis need is also to create a conducive and just social and economic environment for the what of this country we should realise that women must be the sole authority to choose what the best is for them the government shall uphold and create equality, liberty and freedom in every sphere of life whenever necessary the constitution of an inclusive authority specifically dedicated for effective implementation of the policies of women empowerment is also requiredhence this billnew delhi;rajeev satavnovember 27, 2018 financial memorandumclause 3 of the bill provides for the constitution of the women (development and welfare) authority it also provides for appointment of a deputy chairperson, members, officers and staffs to the authority for its effective functioning it further provides for a constitution of a secretariat to the authority clause 4 provides for the provision of funds to young entrepreneurs, and establishment of window welfare board clause 7 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about three thousand crore rupees per annum would involve from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees three 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 bill as the rules will relate to matters of detail only, the delegation of legislative power is of normal character———— a billto provide for constitution of the women development and welfare authority toformulate schemes and recommend to the appropriate government aboutmeasures for women empowerment and for matters connected therewithor incidental thereto————(shri rajeev satav, mp)mgipmrnd—2191ls(s3)—20-12-2018

Parliament_bills

ead07c3b-90bb-5a99-8155-ad910f89c1f9

the companies bill, 2008 _______ arrangement of clauses _______ chapter i preliminary clauses1short title, commencement, extent and application2definitions chapter ii incorporation of companies3formation of company4formation of companies with charitable objects, etc5memorandum6articles7incorporation of companies8effect of registration9effect of memorandum and articles10commencement of business, etc11registered office of company12alteration of memorandum13alteration of articles14alteration of memorandum and articles to be noted in every copy15rectification of name of company16copies of memorandum, articles, etc, to be given to members17re-registration of companies already registered18subsidiary company not to hold shares in its holding company19service of documents20authentication of documents, proceedings and contracts21execution of bills of exchange, etc chapter iii prospectus and allotment of securities22powers of securities and exchange board to regulate issue and transfer of securities, etc23matters to be stated in prospectus24offer or invitation for subscription of securities25advertisement of prospectus26shelf prospectus27red herring prospectus28issue of application forms for securities29criminal liability for mis-statements in prospectus30civil liability for mis-statements in prospectus31punishment for fraudulently inducing persons to invest money32action to be taken by affected persons33punishment for personation for acquisition, etc, of securities34allotment of securities by company35securities to be dealt with in stock exchanges36global depository receipt chapter iv share capital and debentures37kinds of share capital38nature of shares or debentures39numbering of shares40certificate of shares41voting rights42variation of shareholders' rights43calls on shares of same class to be made on uniform basis44company to accept unpaid share capital, although not called up45payment of dividend in proportion to amount paid-up46application of premiums received on issue of shares47prohibition on issue of shares at discount48issue of sweat equity shares49issue and redemption of preference share50transfer and transmission of securities51punishment for personation of shareholder52refusal of registration and appeal against refusal53rectification of register of members54publication of authorised, subscribed and paid-up capital55power of limited company to alter its share capital56further issue of share capital57notice to be given to registrar for alteration of share capital58unlimited company to provide for reserve share capital on re-registration59reduction of share capital60restrictions on purchase by company or giving of loans by it for purchase of itsshares61power of company to purchase its own securities62transfer of certain sums to capital redemption reserve account63prohibition for buy-back in certain circumstances64debentures65nomination of shares or debentures chapter v acceptance of deposits by companies66prohibition on acceptance of deposits from public67repayment of deposits, etc, accepted before commencement of act68damages for fraud chapter vi registration of charges69duty to register charges, etc70application for registration of charge71section 69 to apply in certain matters72date of notice of charge73register of charges to be kept by registrar74company to report satisfaction of charge75intimation of appointment of receiver or manager76company's register of charges77punishment for contraventionchapter viimanagement and administration78register of members, etc79declaration in respect of beneficial interest in any share80investigation of beneficial ownership of shares in certain cases81power to close register of members or debenture holders or other security holders82annual return83place of keeping and inspection of registers, returns, etc84registers, etc, to be evidence85annual general meeting86power of tribunal to call annual general meeting87power of tribunal to call meetings of members, etc88punishment for default in complying with provisions of sections 85 to 8789calling of extraordinary general meeting90notice of meeting91explanatory statement to be annexed with notice92quorum for meetings93chairman of meetings94proxies95restriction on voting rights96voting by show of hands97voting through electronic means98demand for poll99postal ballot100circulation of members' resolution101representation of the president and governors in meetings102representation of corporations at meeting of companies and of creditors103ordinary and special resolutions104resolutions requiring special notice105resolutions passed at adjourned meeting106resolutions and agreements to be filed107minutes of proceedings of general meeting, meeting of board of directors and other meeting and resolutions passed by postal ballot108inspection of minute-books of general meeting109report on general meetingchapter viiideclaration and payment of dividend110declaration of dividend111unpaid dividend account112investor education and protection fund113amount lying in previous fund to become part of fund under this act114right to dividend, rights shares and bonus shares to be held in abeyance pending registration of transfer of shares115punishment for failure to distribute dividends within thirty dayschapter ixaccounts of companies116books of accounts, etc, to be kept by company117financial statements118constitution of national advisory committee on accounting and auditing standards119central government to notify accounting standards120financial statement, board's report, etc121right of member to copies of audited balance sheet122copy of financial statement to be filed with registrar chapter x audit and auditors123appointment of auditors124eligibility, qualifications and disqualifications of auditors125remuneration of auditors126powers and duties of auditors and auditing standards127auditor not to render certain services128auditor to sign audit reports, etc129auditors to attend general meeting130punishment for contravention131central government to specify audit of items of cost in respect of certain companies chapter xi appointment and qualifications of directors132company to have board of directors133appointment of directors134application for allotment of director identification number135allotment of director identification number136prohibition to obtain more than one director identification number137director to intimate director identification number138company to inform director identification number to registrar139obligation to indicate director identification number140punishment for contravention141right of persons other than retiring directors to stand for directorship142appointment of additional director, alternate director and nominee director143appointment of directors to be voted individually144option to adopt principle of proportional representation for appointment of directors145disqualifications for appointment of director146number of directorships147duties of directors148vacation of office of director149resignation of director150removal of directors151register of directors and key managerial personnel and their shareholding152members' right to inspect153punishment chapter xii meetings of board and its powers154meetings of board155quorum for meetings of board156passing of resolution by board or committee157defects in appointment of directors not to invalidate actions taken158committees of board159powers of board160restrictions on powers of board161prohibitions and restrictions regarding political contributions162disclosure of interest by director163loan to directors, etc164loan and investment by company165investments of company to be held in its own name166related party transactions167register of contracts or arrangements in which directors are interested168contract of employment with managing or whole-time directors169payment to director for loss of office, etc, in connection with transfer of undertaking, property or shares170restriction on non-cash transactions involving directors171contracts by one person companies172prohibition on forward dealings in securities of company by a key managerial personnel173prohibition on insider trading of securities chapter xiii appointment and remuneration of managerial personnel174appointment of managing director, whole-time director or manager175remuneration of managerial personnel176remuneration payable to directors177compensation for loss of office of managing or whole-time director or manager178appointment of key managerial personnel chapter xiv inspection, inquiry and investigation179power to call for information, inspect books and conduct inquiries180conduct of inspection and inquiry181report on inspection made182search and seizure183investigation into affairs of company184investigation into company's affairs in other cases185security for payment of costs and expenses of investigation186firm, body corporate or association not to be appointed as inspectors187investigation of ownership of company188procedure, powers, etc, of inspectors189power of inspectors to conduct investigation into affairs of related companies, etc190seizure of documents by inspector191freezing of assets on an inquiry and investigation of a company192imposition of restrictions upon securities193inspector's report194no suit or proceeding till submission of final report195actions to be taken in pursuance of inspector's report196expenses of investigation197voluntary winding-up of company, etc, not to stop investigation proceedings198legal advisers and bankers not to disclose199investigation, etc, of foreign companies200penalty for furnishing false statement, mutilation, destruction of documents chapter xv compromises, arrangements and amalgamationsclauses 201power to compromise or make arrangements with creditors and members202power of tribunal to enforce compromise or arrangement203merger and amalgamation of companies204merger or amalgamation of certain companies205amalgamation by mutual agreement206power to acquire shares of shareholders dissenting from scheme or contract approved by majority207purchase of minority shareholding208power of central government to provide for amalgamation of companies in public interest209registration of offer of schemes involving transfer of shares210preservation of books and papers of amalgamated companies211liability of the officers in respect of offences committed prior to amalgamation, transfer, etc chapter xvi prevention of oppression and mismanagement212application to tribunal for relief in cases of oppression, etc213powers of tribunal214consequence of termination or modifications of certain agreements215right to apply under section 212216class action217liability for making fraudulent application chapter xvii registered valuers218valuation by registered valuers219registration of valuers220appointment of committee of experts221practice as registered valuers222furnishing of particulars in certain cases223removal and restoration of names of valuers from register chapter xviii removal of names of companies from the register224power of registrar to remove name of a company from register225no application under section 224 in certain situations226effect of a company notified as dissolved227fraudulent application for removal of name228appeal to tribunal chapter xix revival and rehabilitation of sick companies229determination of sickness230application for revival and rehabilitation231appointment of interim administrator232committee of creditors233order of tribunal234appointment of administrator235powers and duties of company administrator236scheme of revival and rehabilitation237sanction of scheme238scheme to be binding239implementation of the scheme240winding-up of company on report of company administrator241power of tribunal to assess damages against delinquent directors, etc242punishment for certain offences243bar of jurisdiction244rehabilitation and insolvency fund chapter xx windingup245modes of windinguppart iwindingup by the tribunal246circumstances in which a company may be wound-up by tribunal247petition for windingup248powers of tribunal249directions for filing statement of affairs250company liquidators and their appointments251removal and replacement of liquidator252winding-up order to be communicated to the registrar253effect of windingup order254stay of suits, etc, on windingup order255jurisdiction of tribunal256submission of report by company liquidator257directions of tribunal on report of company liquidator258custody of company's properties259directors, officers and employees to co-operate with company liquidator260settlement of list of contributories and application of assets261obligations of directors and managers262committee of inspection263submission of periodical reports to the tribunal264power of tribunal on application for stay of windingup265powers and duties of company liquidator266provision for professional assistance to company liquidator267exercise and control of company liquidator's powers268books to be kept by company liquidator269audit of company liquidator's accounts 270payment of debts by contributory and extent of set-off271power of tribunal to make calls272adjustment of rights of contributories273power to order costs274power to summon persons suspected of having property of company, etc275power to order examination of promoters, directors, etc276arrest of person trying to quit india or abscond277dissolution of company by tribunal278appeals from orders made before commencement of actpart iivoluntary windingup279circumstances in which company may be wound up voluntarily280declaration of solvency in case of proposal to wind-up voluntarily281meeting of creditors282publication of resolution to windup voluntarily283commencement of voluntary windingup284effect of voluntary winding up285appointment of company liquidator286power to remove and fill vacancy of company liquidator287notice of appointment of company liquidator to be given to registrar288cesser of board's powers on appointment of company liquidator289powers and duties of company liquidator in voluntary windingup290appointment of committees291company liquidator to submit report on progress of windingup292report of company liquidator to tribunal for examination of persons293final meeting of dissolution of company294power of company liquidator to accept shares, etc, as consideration for sale of property of company295distribution of property of company296arrangement when binding on company and creditors297power to apply to tribunal to have questions determined, etc298costs of voluntary windinguppart iiiprovisions applicable to every made of windingup299debts of all descriptions to be admitted to proof300application of insolvency rules in winding-up of insolvent companies 301overriding preferential payments302preferential payments303fraudulent preference304transfers not in good faith to be void305certain transfers to be void306liabilities and rights of certain persons fraudulently preferred307effect of floating charge308disclaimer of onerous property309transfers, etc, after commencement of winding-up to be void310certain attachments, executions, etc, in winding-up by tribunal to be void311offences by officers of companies in liquidation312penalty for frauds by officers313liability where proper accounts not kept314liability for fraudulent conduct of business315power of tribunal to assess damages against delinquent directors, etc316liability under sections 314 and 315 to extend to partners or directors in firms or companies317prosecution of delinquent officers and members of company 318company liquidator to exercise certain powers subject to sanction319statement that a company is in liquidation320books and papers of company to be evidence321inspection of books and papers by creditors and contributories322disposal of books and papers of company323information as to pending liquidations324official liquidator to make payments into public account of india325company liquidator to deposit into scheduled bank326liquidator not to deposit monies into private banking account327company liquidation dividend and undistributed assets account328liquidator to make returns, etc329meetings to ascertain wishes of creditors or contributories330court, tribunal or person, etc, before whom affidavit may be sworn331powers of tribunal to declare dissolution of company void332commencement of windingup by tribunal333exclusion of certain time in computing period of limitationpart ivofficial liquidator334appointment of official liquidator335powers and functions of official liquidator336summary procedure for liquidation337sale of assets and recovery of debts due to company338settlement of claims of creditors by official liquidator339appeal by creditor340order of dissolution of company chapter xxi companies incorporated outside india341application of act to foreign companies342documents, etc, to be delivered to registrar by foreign companies343accounts of foreign company344display of name, etc, of foreign company345service on foreign company346debentures, annual return, registration of charges, books of accounts and their inspection347fee for registration of documents348interpretation349dating of prospectus and particulars to be contained therein350provisions as to expert's consent and allotment351registration of prospectus352offer of indian depository receipts353application of sections 29 to 31 and chapter xx354punishment for contravention355company's failure to comply with provisions of this chapter not to affect validity of contracts, etcchapter xxii government companies356annual reports on government companies357power to modify act in its application to government companies chapter xxiii registration offices and fees358registration offices359admissibility of certain documents as evidence360provisions relating to filing of applications, documents, inspection, etc, in electronic form361electronic form to be exclusive, alternative or in addition362provision of value added services through electronic form363application of provisions of information technology act, 2000364fee for filing, etc365fees, etc, to be credited into public account chapter xxiv companies to furnish information or statistics366power of central government to direct companies to furnish information or statistics chapter xxv nidhis clauses367power to modify act in its application to nidhis chapter xxvi national company law tribunal and appellate tribunal368definitions369constitution of national company law tribunal370qualifications of president and members of tribunal371constitution of appellate tribunal372qualifications of chairperson and members of appellate tribunal373selection of members of tribunal and appellate tribunal374term of office of president, chairperson and other members375salary, allowances and other terms and conditions of service of members376acting president and chairman of tribunal and appellate tribunal377resignation of members378removal of members379staff of tribunal and appellate tribunal380benches of tribunal381orders of tribunal382appeal from orders of tribunal383expeditious disposal by tribunal and appellate tribunal384appeal to supreme court385procedure before tribunal and appellate tribunal386power to punish for contempt387delegation of powers388members, officers, etc, to be public servants389protection of action taken in good faith390power to seek assistance of chief metropolitan magistrate, etc391civil court not to have jurisdiction392vacancy in tribunal or appellate tribunal not to invalidate acts or proceedings393right to legal representation394limitation395transfer of certain pending proceedings chapter xxvii special courts396establishment of special courts397offences triable by special courts398appeal and revision399application of code to proceedings before a special court400offences to be non-cognizable401transitional provisions402composition of certain offences403power of central government to appoint company prosecutors404appeal against acquittal405compensation for accusation without reasonable cause406application of fines chapter xxviii miscellaneous clauses407punishment for false statements408punishment for false evidence409punishment where no specific penalty or punishment is provided410punishment in case of repeated default411punishment for wrongful withholding of property412punishment for improper use of "limited", "private limited" or "opc limited"413adjudication of penalties414dormant company415protection of action taken in good faith416non-disclosure of information in certain cases417delegation by central government of its powers and functions418powers of central government or tribunal to accord approval, etc, subject to conditions and to prescribe fees on applications419condonation of delays in certain cases420annual report by central government421power to modify certain provisions of act in their application to private company, one person company and small company422prohibition of association or partnership of persons exceeding certain number423repeal of certain enactments and savings424dissolution of company law board and consequential provision425power to remove difficulties426power of central government to make rules bill no 57 of 2008 the companies bill, 2008 a billto consolidate and amend the law relating to companiesbe 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 companies act, 2008short title, extent, commencement and application(2) this section shall come into force at once and the remaining provisions of this act 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 and for different states, and any reference in any provision of this act to the commencement of this act shall be construed as a reference to the commencement of that provision in that state(3) it extends to the whole of india (4) the provisions of this act shall apply to—(a) companies incorporated under this act or under any previous company law; and(b) any company or body corporate governed by any special act, in the absence of any corresponding provisions thereindefinitions2 (1) in this act, unless the context otherwise requires,—(a) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be prescribed;(b) "accounting standards" means such accounting standards as the central government may notify under section 119, in consultation with the national advisory committee on accounting and auditing standards constituted under section 118;(c) "alter" or "alteration" includes the making of additions, omissions and substitutions;(d) "appellate tribunal" means the national company law appellate tribunal constituted under section 371;(e) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this act;(f) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence or of any other companyexplanation—for the purposes of this clause, "significant influence" means control of at the least twenty-six per cent of total voting power, or of business decisions under an agreement;(g) "auditing standards" means such auditing standards as the central government may notify under sub-section (10) of section 126, in consultation with the national advisory committee on accounting and auditing standards constituted under section 118;(h) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company;10 of 1949(i) "banking company" means a banking company as defined in clause (c) of section 5 of the banking regulation act, 1949;(j) "board of directors" or "board", in relation to a company, means the collective body of the directors of the company;(k) "body corporate" or "corporation" includes a company incorporated outside india, but does not include—(i) a co-operative society registered under any law relating to co-operative societies; and(ii) any other body corporate (not being a company as defined in this act), which the central government may, by notification published in the official gazette, specify in this behalf; (l) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form;(m) "books of account" includes records maintained in respect of—(i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place;(ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and(iv) in the case of a company which belongs to any class of companies specified under section 131, such items of cost as may be prescribed under that section; (n) "branch office", in relation to a company, means any establishment described as such by the company;(o) "called-up capital" means such part of the subscribed capital, which has been called for payment;(p) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage;38 of 1949(q) "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 holds a valid certificate of practice under sub-section (1) of section 6 of that act;(r) "chief executive officer" means an officer of a company, who has been designated as such by it;(s) "chief financial officer" means a person appointed as the chief financial officer of a company;(t) "company" means a company incorporated under this act or under any previous company law;(u) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up;(v) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them;(w) "company liquidator", in so far as it relates to the winding up of a company, means a person appointed by the tribunal, company or creditors, as the case may be, as a company liquidator from a panel of professionals maintained by the central government under sub-section (2) of section 250;56 of 1980(x) "company secretary" or "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 is appointed by a company to perform the functions of a company secretary under this act;56 of 1980(y) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the company secretaries act,1980;(z) "contributory" means a person liable to contribute towards the payment of a company's debts in the event of its being wound up;(za) "controlling interest" means the largest voting power a member may exercise in a general meeting of a company, whether directly or indirectly, and either alone or in association with his relatives, bodies corporate or firms controlled by such person or his relatives;23 of 1959(zb) "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 holds a valid certificate of practice under sub-section (1) of section 6 of that act;(zc) " court" means—(i) the high court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that high court under sub-clause (ii);(ii) the district court, in cases where the central government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the high court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district;(iii) the court of session having jurisdiction to try any offence under this act or under any previous company law;(iv) the special court established under section 396; (v) any metropolitan magistrate or a judicial magistrate of the first class having jurisdiction to try any offence under this act or under any previous company law; (zd) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not;(ze) "deemed director" means a person under whose advice, instructions or directions, the board of directors is accustomed to act, but does not include a person who has been engaged by the company to advise it in a professional capacity;(zf) "deposit" means a deposit accepted by a company under section 66 and includes a deposit existing on the commencement of this act;22 of 1996(zg) "depository" means a depository as defined in clause (e) of sub-section (1)of section 2 of the depositories act, 1996;42 of 1956(zh) "derivative" means the derivative as defined in clause (aa) of section 2 of the securities contracts (regulation) act, 1956;(zi) "director" means a director appointed to the board of a company, and includes a deemed director;(zj) "director-general" means the director-general of registration appointed under sub-section (2) of section 358;(zk) "dividend" includes any interim dividend;(zl) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form;(zm) "employees' stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or subscribe for, the shares of the company at a future date at a predetermined price;(zn) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost and works accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force;(zo) "financial institution" includes a scheduled bank; (zp) "financial statement" in relation to a company, includes—(i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year;(iii) cash flow statement for the financial year; and (iv) any explanatory note attached to, or forming part of, any document referred to in sub-clause (i) or sub-clause (ii); (zq) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of march every year, and where it has been incorporated on or after the 1st day of january of a year, the period ending on the 31st day of march of the following year, in respect whereof financial statement of the company or body corporate laid before it in its annual general meeting is made up:provided that on an application made by a company or body corporate, the tribunal may, if it is satisfied that the circumstances so warrant, allow any period as its financial year, whether that period is a year or not;(zr) "foreign company" means any company or body corporate incorporated outside india which has a place of business in india whether established before or after the commencement of this act;(zs) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend;(zt) "global depository receipt (gdr)" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside india and authorised by a company making an issue of such depository receipts;(zu) "government company" means any company in which not less than fiftyone per cent of the paid-up share capital is held by the central government, or by any state government or governments, or partly by the central government and partly by one or more state governments, and includes a company which is a subsidiary company of such a government company;(zv) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies;(zw) "independent director" means an independent director as defined under sub-section (5) of section 132;(zx) "indian depository receipt (idr)" means any instrument in the form of a depository receipt created by a domestic depository in india and authorised by a company incorporated outside india making an issue of such depository receipts;(zy) "interested director" means a director who is in any way, whether by himself or through any of his relatives or firm, body corporate or other association of individuals in which he or any of his relatives is a partner, director or a member, interested in a contract or arrangement, or proposed contract or arrangement, entered into or to be entered into by or on behalf of a company;(zz) "issued capital" means such capital as the company issues from time to time for subscription by the public;(zza) "key managerial personnel", in relation to a company, means —(i) the managing director, the chief executive officer or the manager and where there is no managing director or manager, a whole-time director or directors;(ii) the company secretary; and (iii) the chief financial officer;(zzb) "listed company" means a company which has any of its securities listed on any recognised stock exchange;(zzc) "manager" means an individual who, subject to the superintendence, control and direction of the board of directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not;(zzd) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its board of directors, is entrusted with the management of the whole, or substantially the whole, of the affairs of the company;(zze) "member", in relation to a company, means—(i) any subscriber to the memorandum of the company and whose name is entered in the register of members of the company;(ii) every other person who agrees in writing to become a member of the company by virtue of his holding equity or preference shares in the company and whose name is entered in the register of members of the company;(iii) every person holding equity or preference shares of the company and whose name is entered as a beneficial owner in the records of a depository; (zzf) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this act;(zzg) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits and share premium account, after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation;(zzh) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(zzi) "officer who is in default" includes all or any of the following officers of a company, namely :—(i) whole-time director or directors;(ii) other key managerial personnel; (iii) where there is no key managerial personnel such director or directorsas specified by the board in this behalf and who has or have given his or their consent in writing to the board to such specification, or all the directors, if no director is so specified;(iv) any person who, under the immediate authority of the board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default;(v) any person in accordance with whose advice, directions or instructions the board of directors of the company is accustomed to act other than a person who gives advice to the board in a professional capacity;(vi) every director, in respect of a contravention of any of the provisions of this act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance;(vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, bankers, registrars and merchant bankers to the issue or transfer; (zzj) "official liquidator" means an official liquidator appointed under section334;(zzk) "one person company" means a company which has only one person as a member;(zzl) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paidup in respect of shares issued, but does not include any other amount received in respect of such shares, by whatever name called;(zzm) "postal ballot" means voting by post or through any electronic communication;(zzn) "prescribed" means prescribed by rules made under this act; (zzo) "previous company law" means any of the laws specified below:—(i) any act or acts relating to companies in force before the indian companies act, 1866;10 of 1866 10 of 1866(ii) the indian companies act, 1866;6 of 1882(iii) the indian companies act, 1882;7 of 1913(iv) the indian companies act, 1913;54 of 1942(v) the registration of transferred companies ordinance, 1942;1 of 1956(vi) the companies act, 1956; and (vii) any law corresponding to any of the acts or the ordinance aforesaid and in force—7 of 1913(a) in the merged territories or in a part b state (other than the state of jammu and kashmir), or any part thereof, before the extension thereto of the indian companies act, 1913; or62 of 1956 25 of 1968(b) in the state of jammu and kashmir, or any part thereof, before the commencement of the jammu and kashmir (extension of laws) act, 1956, in so far as banking, insurance and financial corporations are concerned, and before the commencement of the central laws (extension to jammu and kashmir) act, 1968, in so far as other corporations are concerned; (viii) the portuguese commercial code, in so far as it relates to "sociedades anonimas"; and(ix) the registration of companies act (sikkim) 1961;(zzp) "private company" means a company which, by its articles,—(i) restricts the right to transfer its shares; (ii) limits the number of its members to fifty : provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member:provided further that –(a) persons who are in the employment of the company; and(b) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and(iii) prohibits any invitation to the public to subscribe for any securities of the company; (zzq) "promoter" means a person who has—(a) been named as such in a prospectus; or (b) control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise:provided that nothing in sub-clause (b) shall apply to a person who is acting in a professional capacity; (zzr) "prospectus" means any document described or issued as a prospectus and includes a red herring or shelf prospectus or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities, but does not include any memorandum or other document containing information about the prospectus or the matters included therein issued prior to the issue of the prospectus and any document which shows on the face of it that it is not a prospectus;(zzs) "public company" means a company which is not a private company or such private company which is a subsidiary of a company which is not a private company;(zzt) "public financial institution" means any financial institution—(i) which is established or constituted by or under any central or state act; or(ii) in which not less than fifty-one per cent of the paid-up share capital is held or controlled by the central government or any state government or both by the central government and any state government or governments or by the state governments, and which is notified by the central government as such under this act;42 of 1956(zzu) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the securities contracts (regulation) act, 1956;(zzv) "red herring prospectus" means a prospectus which does not include complete particulars of the quantum or price of the securities or class of securities included therein;(zzw) "register of companies" means the register of companies maintained by the registrar on paper or in any electronic mode under this act;(zzx) "registrar" means any officer having the duty of registering companies under this act;(zzy) "related party" with reference to a company means—(i) a relative of a director or key managerial personnel; (ii) a firm, in which a director, manager or his relative is a partner; (iii) a private company in which a director or manager is a member or director;(iv) a public company in which a director or manager is a director or holds along with his relatives, more than two per cent of its paid-up share capital;(v) any body corporate whose board of directors, managing director, or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager;(vi) any person under whose advice, directions or instructions a director or manager is accustomed to act;(vii) any company which is—(a) a holding, subsidiary or an associate company of such company;or(b) a subsidiary of a holding company to which it is also a subsidiary: provided that nothing in sub-clauses (v) and (vi) shall apply to the advice, directions or instructions given in a professional capacity;(zzz) "relative" with reference to any individual means the spouse, brother, sister and all lineal ascendants and descendants of such individual related to him either by marriage or adoption;43 of 1961(zzza) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the income-tax act, 1961;2 of 1934(zzzb) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the reserve bank of india act, 1934;42 of 1956(zzzc) "securities" means the securities as defined in clause (h) of section 2 of the securities contracts (regulation) act, 1956;15 of 1992(zzzd) "securities and exchange board" means the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 1992;(zzze) "share" means a share in the share capital of a company and includes stock;(zzzf) "shelf prospectus" means a prospectus in respect of which the securities or class of securities included therein are issued for subscription in one or more issues over a certain period without the issue of a further prospectus;(zzzg) "small company" means a company, other than a public company,—(i) whose paid-up share capital does not exceed such amount as may be prescribed and the prescribed amount shall not be more than five crore rupees; or(ii) whose turnover as per its last profit and loss account does not exceed such amount as may be prescribed and the prescribed amount shall not be more than twenty crore rupees:provided that nothing in this clause shall apply to —(a) a holding company or a subsidiary company; (b) a company registered under section 4; or (c) a company or body corporate governed by any special act;(zzzh) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company;(zzzi) "subsidiary company" or "subsidiary", in relation to any other company(hereinafter referred to as the holding company), means a company in which the holding company—(i) controls the composition of the board of directors; or (ii) exercises or controls more than one-half of the total voting power explanation—for the purposes of this clause, a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (zzzj) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for their providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called;(zzzk) "total voting power" means the total number of votes that may be cast at a meeting of the company if all the members thereof cast their votes either personally or by means of postal ballot;(zzzl) "tribunal" means the national company law tribunal constituted under section 369;(zzzm) "unlimited company" means a company not having any limit on the liability of its members;(zzzn) "voting right" means the right of a member of a company to vote in any meeting of the company;(zzzo) "whole-time director" includes a director in the whole-time employment of the company42 of 1956(2) words and expressions used and not defined in this act but defined in the securities contracts (regulation) act, 1956 or the securities and exchange board of india act, 1992 or the depositories act, 1996 shall have the meanings respectively assigned to them in that act15 of 199222 of 1996 chapter ii incorporation of companies3 (1) a company may be formed for any lawful purpose by any—formation of company(a) seven or more persons, where the company to be formed is to be a public company, or(b) two or more persons, where the company to be formed is to be a private company, or(c) one person, where the company to be formed is to be a one person company, by subscribing their names or his name to a memorandum in the manner prescribed and complying with the requirements of this act in respect of registration:provided that the memorandum of a one person company shall indicate the name of the person who shall, in the event of the subscriber's death, disability or otherwise, become the member of the company:provided further that it shall be the duty of the member of a one person company to intimate the registrar the change, if any, in the name of the person referred to in the preceding proviso and indicated in the memorandum within such time and in such form as may be prescribed, and any such change shall not be deemed to be an alteration of the memorandum(2) a company formed under sub-section (1) may be either—(a) a company limited by shares, or (b) a company limited by guarantee, or (c) an unlimited company4 (1) where it is proved to the satisfaction of the central government that a person or an association of persons proposed to be registered under this act as a limited company—formation of companies with charitable objects, etc(a) has for its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity or any such other object;(b) shall apply its profits, if any, or other income in promoting its objects; and (c) prohibits the payment of any dividend to its members, the central government may, by licence issued in the manner as may be prescribed, and on such conditions as it deems fit, allow that person or association of persons to be registered as a limited company under this section without the addition to its name of the word "limited", or as the case may be, the words "private limited" or the letters and word "opc limited", and thereupon the registrar shall, on application, register such person or association of persons as a company under this section(2) the company registered under this section shall enjoy all the privileges and be subject to all the obligations of limited companies(3) a firm may be a member of the company registered under this section (4) a company registered under this section shall not alter the provisions of its memorandum or articles except with the previous approval of the central government(5) where it is proved to the satisfaction of the central government that a limited company registered under this act or under any previous company law has been formed with any of the objects specified in clause (a) of sub-section (1) and with the restrictions and prohibitions as mentioned respectively in clauses (b) and (c) of that sub-section, it may, by licence, allow the company to be registered under this section subject to such conditions as the central government deems fit and to change its name by omitting the word "limited", or as the case may be, the words "private limited" or the letters and word "opc limited" from its name and thereupon the registrar shall, on application, register such company under this section and all the provisions of this section shall apply to that company(6) the central government may, by order, revoke the licence granted to a company registered under this section if the company contravenes any of the requirements of this section or any of the conditions subject to which a licence is issued or the affairs of the company are conducted fraudulently or in a manner violative of the objects of the company or prejudicial to public interest, and without prejudice to any other action against the company under this act, direct the company to convert its status and change its name to add the word "limited" or the words "private limited" or the letters and word "opc limited", as the case may be, to its name and thereupon the registrar shall, without prejudice to any action that may be taken under sub-section (7), on application, register the company accordingly:provided that no such order shall be made under this sub-section unless the company is given a reasonable opportunity of being heard:provided further that a copy of every such order shall be given to the registrar (7) where a licence is revoked under sub-section (6), the central government may, if it is satisfied that it is essential in the public interest, order that the company be wound up under this act or amalgamated with another company registered under this section(8) where a licence is revoked under sub-section (6) and where the central government is satisfied that it is essential in the public interest that the company registered under this section should be amalgamated with another company registered under this section and having similar objects, then, notwithstanding anything to the contrary contained in this act, the central government may, by order, notified in the official gazette, provide for such amalgamation to form a single company with such constitution, properties, powers, rights, interest, authorities and privileges and with such liabilities, duties and obligations as may be specified in the order(9) if on the winding-up or dissolution of a company registered under this section, there remain, after the satisfaction of its debts and liabilities, any assets, they may be transferred to another company registered under this section and having similar objects, subject to such conditions as the tribunal may impose, or may be sold and proceeds thereof credited to the rehabilitation and insolvency fund formed under section 244(10) a company registered under this section can amalgamate only with another company registered under this section and having similar objects(11) where a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh rupees but which may extend to one crore rupees and the directors of the company and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees, or with bothmemorandum5 (1) the memorandum of a company shall state—(a) the name of the company with the last word "limited" in the case of a public limited company, or the last words "private limited" in the case of a private limited company, or the last letters and word "opc limited" in the case of a one person limited company:provided that nothing in this clause shall apply to a company registered under section 4;(b) the state in which the registered office of the company is to be situated; (c) the objects for which the company is proposed to be incorporated and any matter considered necessary for furtherance thereof;(d) the liability of members of the company, whether limited or unlimited, and also state,—(i) in the case of a company limited by shares, the that liability of its members is limited to the amount unpaid, if any, on the face value of the shares held by them; and(ii) in the case of a company limited by guarantee, the amount up to which each member undertakes to contribute —(a) to the assets of the company in the event of its being wound-up while he is a member or within one year after he ceases to be a member and for payment of the debts and liabilities of the company or of such debts and liabilities as may have been contracted before he ceases to be a member; and(b) to the costs, charges and expenses of winding-up and for adjustment of the rights of the contributories among themselves;(e) in the case of a company having a share capital,—(i) the amount of share capital with which the company is to be registered and the division thereof into shares of a fixed amount and the number of shares which the subscribers to the memorandum agree to subscribe which shall not be less than one share; and(ii) the number of shares each subscriber to the memorandum intends to take, indicated opposite his name(2) the name stated in the memorandum shall not—(a) be identical with or resemble too nearly to the name of an existing company registered under this act or any previous company law; or(b) be such that its use by the company—(i) will constitute an offence under any law for the time being in force; or (ii) is undesirable in the opinion of the central government(3) without prejudice to the provisions of sub-section (2), a company shall not be registered with a name which contains —(a) any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the central government, any state government, or any local authority, corporation or body constituted by the central or any state government under any law for the time being in force; or(b) such word or expression, as may be prescribed, unless the previous approval of the central government has been obtained for the use of any such word or expression (4) a person may make an application, in such form and manner and accompanied by such fee, as may be prescribed, to the registrar for the reservation of a name set out in the application as—(a) the name of the proposed company; or (b) the name to which the company proposes to change its name(5) upon receipt of an application under sub-section (4), the registrar may, if he is satisfied that the name to be reserved is not the one which may be rejected on any ground referred to in sub-section (2), reserve the name for a period of sixty days from the date of the application, and on payment of such additional fee as may be prescribed, for a further period of sixty days(6) the memorandum of a company shall be in such form, as may be prescribedarticles6 (1) the articles of a company shall contain regulations for the company(2) the articles shall also contain such matters, as may be prescribed: provided that nothing prescribed in this sub-section shall be deemed to prevent a company from including such additional matters in its articles as may be considered necessary for its management(3) the articles may contain provisions for entrenchment to the effect that specified provisions of the articles may be altered only if conditions or procedures as that are more restrictive than those applicable in the case of a special resolution, are met or complied with(4) the provisions for entrenchment referred to in sub-section (3) shall only be made either on formation of a company, or by an amendment in the articles agreed to by all the members of the company in the case of a private company and by a special resolution in the case of a public company(5) where the articles contain provisions for entrenchment, whether made on formation or by amendment, the company shall give notice to the registrar of such provisions(6) the central government may prescribe model articles for different types of companies(7) nothing in this section shall apply to the articles of a company registered under any previous company law unless amended under this actincorporation of companies7 (1) there shall be filed with the registrar within whose jurisdiction the registered office of a company is proposed to be situated, the following documents and information for registration, namely :—(a) the memorandum and articles of the company duly signed by all the subscribers to the memorandum in such manner as may be prescribed;(b) a declaration in the prescribed form by an advocate, a chartered accountant, cost accountant or company secretary, who is engaged in the formation of the company, or by a person named in the articles as a director, manager or secretary of the company, that all the requirements of this act and the rules made thereunder in respect of registration and matters precedent or incidental thereto have been complied with;(c) an affidavit from each of the subscribers to the memorandum and from persons named as first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this act or any previous company law during the preceding five years and that all the documents filed with the registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief;(d) the name of the state where the registered office of the company is proposed to be situated on incorporation and the address for correspondence till its registered office is established;(e) the particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum along with proof of identity, as may be prescribed, and in the case of a subscriber being a company, such particulars as may be prescribed;(f) the particulars of the persons mentioned in the articles as first directors of the company, their names, including surnames or family names, the director identification number, residential address, nationality and such other particulars including proof of identity as may be prescribed; and(g) the particulars of the interests of the persons mentioned in the articles as first directors of the company in other firms or bodies corporate along with their consent to act as directors of the company in such form and manner as may be prescribed (2) if the registrar is satisfied that all the requirements of this act and the rules made thereunder in respect of registration and matters precedent or incidental thereto have been complied with, he shall register all the documents and information referred to in sub-section (1) in the register and issue a certificate of incorporation in the prescribed form to the effect that the proposed company is incorporated under this act(3) on and from the date mentioned in the certificate of incorporation issued under sub-section (2), the registrar shall allot to the company a "corporate identity number", which shall be a distinct identity for the company and which shall also be included in the certificate the company shall maintain and preserve at its registered office copies of all documents and information as originally filed under sub-section (1) till its dissolution under this act(4) where any person furnishes any false or incorrect particulars of any information or suppresses any material information, of which he is aware in any of the documents filed with the registrar in relation to the registration of a company, he shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than five thousand rupees but which may extend to one lakh rupees, or with both(5) without prejudice to the provisions of sub-section (4), where the tribunal, on an application made to it at any time after the incorporation of a company, is satisfied that the company has been got incorporated by furnishing any false or incorrect information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such company, or by any fraudulent action, the promoters, the persons named as first directors of the company, the persons making declaration under clause (b) of sub-section (1) shall each be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twentyfive thousand rupees but which may extend to one lakh rupees(6) without prejudice to the provisions of sub-section (5), the tribunal may, if it is satisfied that the situation so warrants,—(a) pass such orders, as it may think fit, for regulation of the management of the company including changes, if any, in its memorandum and articles, in public interest or in the interest of the company and its members and creditors; or(b) direct that liability of the members shall be unlimited; or (c) direct removal of the name of the company from the register; or (d) pass an order for the winding up of the company:provided that before making any order under this sub-section,—(i) the company shall be given a reasonable opportunity of being heard in the matter; and(ii) the tribunal shall take into consideration the transactions entered into by the company, including the obligations, if any, contracted or payment of any liabilityeffect of registration8 from the date of incorporation mentioned in the certificate of incorporation, such subscribers to the memorandum and all other persons, as may, from time to time, become members of the company, shall be a body corporate by the name contained in the memorandum, capable of exercising all the functions of an incorporated company under this act and having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, tangible and intangible, to contract and to sue and be sued, by the said nameeffect of memorandum and articles9 (1) subject to the provisions of this act, the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed by the company and by each member, and contained covenants on its and his part to observe all the provisions of the memorandum and of the articles(2) all monies payable by any member to the company under the memorandum or articles shall be a debt due from him to the company10 (1) a public company having a share capital shall not commence any business or exercise any borrowing powers unless—commencement of business, etc(a) a declaration is filed by a director or subscriber in such form and verified in such manner as may be prescribed, with the registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him; and(b) the company has filed with the registrar a verification of its registered office in the manner as may be prescribed(2) if any default is made in complying with the requirements of this section, the company shall be punishable with fine which may extend to five thousand rupees and every officer who is in default shall be punishable with fine which may extend to one thousand rupees for every day during which the default continues(3) where no declaration has been filed with the registrar under clause (a) of subsection (1) within a period of one hundred and eighty days of the date of incorporation of the company and the registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provisions of subsection (2), initiate action for the removal of the name of the company from the register under chapter xviiiregistered office of company11 (1) a company shall, on and from the date of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it(2) the company shall furnish to the registrar verification of its registered office within fifteen days of its incorporation in such manner as may be prescribed(3) every company shall —(a) paint or affix its name and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in letters easily legible, and if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages;(b) have its name engraved in legible characters on its seal; (c) get its name, address of its registered office and the corporate identity number along with telephone number, fax number, e-mail and website addresses printed in all its business letters, billheads, letter paper and in all its notices and other official publications; and(d) have its name printed on hundies, promissory notes, bills of exchange and such other documents as may be prescribed (4) notice of every change of the situation of the registered office, verified in the manner prescribed, after the date of incorporation of the company, shall be given to the registrar within fifteen days of the change, who shall record the same(5) except on the authority of a special resolution passed by a company, the registered office of the company shall not be changed,—(a) in the case of an existing company, outside the local limits of any city, town or village where such office is situated at the commencement of this act or where it may be situated later by virtue of a special resolution passed by the company; and(b) in the case of any other company, outside the local limits of any city, town or village where such office is first situated or where it may be situated later by virtue of a special resolution passed by the company (6) if any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupeesalteration of memorandum12 (1) a company may, by a special resolution and after complying with the procedure specified in this section, alter the provisions of its memorandum(2) any change in the name of a company shall be subject to the provisions of subsections (2) and (3) of section 5 and shall not have effect except with the approval of the central government in writing:provided that no such approval shall be necessary where the only change in the name of the company is the deletion therefrom, or addition thereto, of the word "private" or letters "opc", consequent on the conversion of any one class of companies to another class in accordance with the provisions of this act(3) when any change in the name of a company is made under sub-section (2), the registrar shall enter the new name in the register in place of the old name and issue a fresh certificate of incorporation with the new name and the change in the name shall be complete and effective only on the issue of such a certificate(4) the alteration of the memorandum relating to the place of the registered office from one state to another shall not have any effect unless it is approved by the central government on an application made in this behalf(5) the central government shall dispose of the application under sub-section (4)within a period of sixty days and before passing its order may satisfy itself that the alteration has the consent of the creditors, debenture holders and others concerned with the company or that the sufficient provision has been made by the company either for the due discharge of all its debts and obligations or that adequate security has been provided for such discharge(6) a company shall, in relation to any alteration of its memorandum, file with the registrar—(a) the special resolution passed by the company under sub-section (1); (b) the approval of the central government under sub-section (2), if the alternation involve any change in the name of the company;(c) certified copy of the order of the central government made under subsection (5), if the alteration involves a transfer of the registered office from one state to another a certified copy of the order of the central government approving the alteration shall be filed by the company with the registrar of each of the states within such time and in such manner as may be prescribed, who shall register the same (7) where an alteration of the memorandum results in the transfer of the registered office of a company from one state to another, the registrar of the state where the registered office is being shifted to shall issue a fresh certificate of incorporation indicating the alteration(8) no alteration made under this section shall have any effect until it has been registered in accordance with the provisions of this section(9) any alteration of the memorandum, in the case of a company limited by guarantee and not having a share capital, purporting to give any person a right to participate in the divisible profits of the company otherwise than as a member, shall be voidalteration of articles13 (1) subject to the provisions of this act and to the conditions contained in its memorandum, if any, a company may, by a special resolution, alter its articles including alterations having the effect of conversion of —(a) a private company into a public company or a one person company, or (b) a public company into a private company or a one person company, or (c) a one person company into a public company or a private company: provided that where a company being a private company alters its articles in such a manner that they no longer include the restrictions and limitations which are required to be included in the articles of a private company under this act, the company shall, as from the date of such alteration, cease to be a private company:provided further that any alteration having the effect of conversion of a public company into a private company or a one person company shall not take effect except with the approval of the tribunal which shall make such order as it may deem fit (2) every alteration of the articles under this section and a copy of any order of the tribunal approving the alteration as per sub-section (1) shall be filed with the registrar, together with a printed copy of the altered articles, within fifteen days in such manner as may be prescribed, who shall register the same(3)any alteration of the articles registered under sub-section (2) shall, subject to the provisions of this act, be valid as if it were originally in the articles14 (1) every alteration made in the memorandum or articles of a company shall be noted in every copy of the memorandum or articles, as the case may bealteration of memorandum and articles to be noted in every copy(2) where a company makes any default in complying with the provisions of this section, the company shall be liable to a penalty, for each such default, of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees15 (1) if, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,—rectification of name of company(a) in the opinion of the central government, is identical with or too nearly resembles the name by which a company in existence had been previously registered, whether under this act or any previous company law, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of three months from the issue of such direction, after adopting an ordinary resolution for the purpose;47 of 1999(b) on an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles a registered trade mark of such proprietor under the trade marks act, 1999, made to the central government within three years of incorporation or registration of the company, whether under this act or any previous company law, in the opinion of the central government, is identical with or too nearly resembles an existing trade mark, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of six months from the issue of such direction, after adopting an ordinary resolution for the purpose(2) where a company changes its name or obtains a new name under sub-section (1), it shall within a period of fifteen days give notice of such change to the registrar along with the order of the central government, who shall carry out necessary changes in the certificate of incorporation and the memorandum(3) if a company makes default in complying with any direction given under subsection (1), the company shall be punishable with fine of one thousand rupees for every day during which the default continues and every officer who is in default shall be punishable with fine which shall not be less than five thousand rupees but which may extend to one lakh rupees16 (1) a company shall, on being so requested by a member, send to him within seven days of the request and subject to the payment of such fee as may be prescribed, a copy each of the following documents, namely:—copies of memorandum, articles, etc, to be given to members(a) the memorandum, (b) the articles, and (c) every agreement and every resolution referred to in sub-section (1) of section106, if and in so far as they have not been embodied in the memorandum or articles(2) where a company makes any default in complying with the provisions of this section, the company shall be liable for each default, to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees17 (1) a company of any class registered under this act may re-register itself as a company of the same class or other class under this act by alteration of memorandum and articles of the company in accordance with the provisions of this chapterre-registration of companies already registered(2) where the registration is required to be done under this section, the registrar shall on an application made by the company, after satisfying himself that the provisions of this chapter applicable for registration of companies have been complied with, close the former registration of the company and after registering the documents referred to in subsection (1) register, issue a certification of incorporation in the same manner as its first registration(3) the registration of a company under this section shall not affect any debts, liabilities, obligations or contracts incurred or entered into, by or on behalf of the company before the re-registration and those debts, liabilities, obligations and contracts may be enforced in the manner as if such registration had not been done18 (1) no company shall, either by itself or through its nominees, hold any shares in its holding company and no holding company shall allot or transfer its shares to any of its subsidiary companies and any such allotment or transfer of shares of a company to its subsidiary company shall be void:subsidiary company not to hold shares in its holding companyprovided that nothing in this sub-section shall apply to a case—(a) where the subsidiary company holds such shares as the legal representative of a deceased member of the holding company; or(b) where the subsidiary company holds such shares as a trustee; or (c) where the subsidiary company is a shareholder even before it became a subsidiary company of the holding company: provided further that the subsidiary company referred to in the preceding proviso shall have a right to vote at a meeting of the holding company only in respect of the shares held by it as a legal representative or as a trustee, as referred to in clause (a) or clause (b) of the said proviso(2) the reference in this section to shares of a holding company which is a company limited by guarantee or an unlimited company, not having a share capital, shall be construed as a reference to the interest of its members, whatever be the form of interestservice of documents19 (1) a document may be served on a company or an officer thereof by sending it to the company or the officer at the registered office of the company by post under a certificate of posting or by registered post or by leaving it at its registered office or by means of such electronic or other mode as may be prescribed:provided that where securities are held with a depository, the records of the beneficial ownership may be served by such depository on the company by means of electronic mode or by delivery of floppies or disks or any other similar device(2) a document may be served on registrar or any member by sending it to him by registered post or by delivering at his office or address, by such electronic or other mode as may be prescribed:provided that a member may request for delivery of any document through a particular mode, for which he will pay such fee as may be determined by the company in its annual general meeting20 save as otherwise provided in this act,—(a) a document or proceeding requiring authentication by a company, orauthentication of documents, proceedings and contracts(b) contracts made by or on behalf of a company, may be signed by any key managerial personnel or an officer of the company duly authorised by the board in this behalfexecution of bills of exchange, etc21 (1) a bill of exchange, hundi or promissory note shall be deemed to have been made, accepted, drawn or endorsed on behalf of a company if made, accepted, drawn, or endorsed in the name of, or on behalf or on account of, the company by any person acting under its authority, express or implied(2) a company may, by writing under its common seal, authorise any person, either generally or in respect of any specified matters, as its attorney, to execute other deeds on its behalf in any place either in india or outside(3) a deed signed by such an attorney on behalf of the company and under his seal shall bind the company and have the effect as if it were made under its common seal chapter iii prospectus and allotment of securities22 the provisions contained in this chapter and chapter iv,—(a) in so far as they relate to issue and transfer of securities and non-payment of dividend by listed companies or those companies which intend to get their securities listed on any stock exchange in india, shall, except as provided under this act, be administered by the securities and exchange board by making regulations;power of securities and exchange board to regulate issue and transfer of securities, etc(b) in any other case, shall be administered by the central governmentexplanation—for the removal of doubts, it is hereby declared that all powers relating to all other matters including those relating to prospectus, return of allotment, issue of shares and redemption of preference shares shall be exercised by the central government, the tribunal or the registrar, as the case may bematters to be stated in prospectus23 (1) every prospectus issued by or on behalf of a public company either with reference to its formation or subsequently, or by or on behalf of any person who is or has been engaged or interested in the formation of a public company, shall be dated and signed and shall—(a) state the following information, namely:—(i) names and addresses of the registered office of the company, company secretary, auditors, legal advisers, bankers, trustees, if any, underwriters and such other persons as may be prescribed;(ii) dates of the opening and closing of the issue, and declaration about the issue of allotment letters and refunds within the prescribed time;(iii) a statement by the board of directors about the separate bank account where all monies received out of the issue are to be transferred and disclosure of details of all monies including utilised and unutilised monies out of the issue in the prescribed manner;(iv) details about underwriting of the issue; (v) consent of the directors, auditors, bankers to the issue, expert's opinion, if any, and of such other persons, as may be prescribed;(vi) the authority for the issue and the details of the resolution passed therefor;(vii) procedure and time schedule for allotment and issue of certificates;(viii) capital structure of the company in the prescribed manner; (ix) such particulars of the terms of the present issue as may be prescribed; (x) main objects and present business of the company and its location,schedule of implementation of the project and future prospects;(xi) particulars of management perception of risk factors; (xii) minimum subscription, amount payable by way of premium, issue ofshares otherwise than on cash, option to subscribe for securities to be dealt with in a depository; and(xiii) details of directors, proposed directors including their appointments and remuneration, and such particulars of the nature and extent of their interests in the company as may be prescribed; (b) set out the following reports for the purposes of the financial information, namely:—(i) reports by the auditors of the company with respect to its profits and losses and assets and liabilities and such other matters as may be prescribed;(ii) reports relating to profits and losses for each of the five financial years immediately preceding the financial year of the issue of prospectus including such reports of the subsidiaries and in such manner as may be prescribed;(iii) reports made by the auditors upon the profits and losses of the business of the company for five financial years, and assets and liabilities of its business on the last date before the issue of prospectus in the prescribed manner; and(iv) reports about the business or transaction to which the proceeds of the securities are to be applied directly or indirectly;15 of 1992(c) make a declaration about the compliance of the provisions of this act and a statement to the effect that nothing in the prospectus is contrary to the provisions of this act and the securities and exchange board of india act, 1992; and(d) state such other matters and set out such other reports, as may be prescribed:provided that nothing in this sub-section shall apply to the issue of a prospectus or form of application for shares and debentures to the existing members or debenture holders of a company, irrespective of whether any such member or debenture holder has a right to renounce the offer in favour of any other personexplanation—the date indicated in the prospectus shall be deemed to be the date of its publication(2) no prospectus shall be issued by or on behalf of a company or in relation to an intended company unless on or before the date of its publication, there has been delivered to the registrar for registration a copy thereof signed by every person who is named therein as a director or proposed director of the company or by his duly authorised attorney(3) a prospectus issued under sub-section (1) shall not include a statement purporting to be made by an expert unless the expert is a person who is not, and has not been, engaged or interested in the formation or promotion or management, of the company and has given his written consent to the issue of the prospectus and has not withdrawn such consent before the delivery of a copy of the prospectus to the registrar for registration and a statement to that effect shall be included in the prospectus(4) every prospectus issued under sub-section (1) shall, on the face of it, -(a) state that a copy has been delivered for registration to the registrar as required under sub-section (2); and(b) specify any documents required by this section to be attached to the copy so delivered or refer to statements included in the prospectus which specify these documents (5) the registrar shall not register a prospectus unless the requirements of this section with respect to its registration are complied with and the prospectus is accompanied by the consent in writing of all the persons named in the prospectus(6) no prospectus shall be valid if it is issued more than ninety days after the date on which a copy thereof is delivered to the registrar under sub-section (2)(7) where a prospectus is issued in contravention of the provisions of this section, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees and every person who is knowingly a party to the issue of such prospectus shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with bothoffer or invitation for subscription of securities24 (1) a company may, without prejudice to the provisions of section 23, make an offer or invitation to a section of the public, whether selected as members or debenture holders of the company or as clients of the persons issuing the prospectus or in any other manner, to subscribe for such securities as are mentioned in the offer or invitation, irrespective of whether such securities are included in a prospectus and referred to therein as being reserved for such offer or invitation(2) no offer or invitation shall be treated as made to a section of the public by virtue of sub-section (1), if the offer or invitation can properly be regarded in all the circumstances—(a) as not being calculated to result, directly or indirectly, in the securities becoming available for subscription or purchase by persons other than those receiving the offer or invitation, or(b) otherwise as being a domestic concern of the persons making and receiving the offer or invitation: provided that nothing contained in this sub-section shall apply to a case where the offer or invitation to subscribe for the securities is made to fifty persons or more:provided further that nothing in the preceding proviso shall apply to such public financial institutions or non-banking financial companies as may be notified in the official gazette by the central government from time to time(3) a company making an offer or invitation under this section shall allot its securities within seventy days from the date of receipt of the application money for such securities and if the company is not able to allot the securities within that period, it shall repay the application money within eight days from the date of completion of seventy days2 of 1934(4) the securities and exchange board shall, in consultation with the reserve bank of india, make regulations in respect of an offer or invitation made to the public by a public financial institution or non-banking financial company referred to in clause (f) of section 45-i of the reserve bank of india act, 1934(5) a statement indicating the salient features of the offer or invitation made under this section shall, on or before the date of such offer or invitation, be delivered to the registrar for registration and the provisions of sub-sections (4) to (7) of section 23 shall apply mutatis mutandis to such offer or invitationadvertisement of prospectus25 where an advertisement of any prospectus of a company is published in any manner, it shall be necessary to specify therein the contents of its memorandum as regards the objects, the liability of members and the amount of share capital, of the company, and the names of the signatories to the memorandum and the number of shares subscribed for by them, and its capital structureshelf prospectus26 (1) any class or classes of companies, as the securities and exchange board may provide by regulations in this behalf, may file a shelf prospectus with the registrar at the stage of the first offer of securities included therein which shall indicate a period not exceeding one year as the period of validity of such prospectus which shall commence from the date of opening of the first offer of securities under that prospectus, and in respect of a second or subsequent offer of such securities issued during the period of validity of that prospectus, no further prospectus is required(2) a company filing a shelf prospectus shall be required to file an information memorandum containing all material facts relating to new charges created, changes in the financial position of the company as have occurred between the first offer of securities or the previous offer of securities and the succeeding offer of securities and such other changes as may be prescribed, with the registrar within the prescribed time, prior to the issue of a second or subsequent offer of securities under the shelf prospectus:provided that where a company or any other person has received applications for the allotment of securities along with advance payments of subscription before the making of any such change, the company or other person shall intimate the changes to such applicants and if they express a desire to withdraw their application, the company or other person shall refund all the monies received as subscription within fifteen days thereof(3) where an information memorandum is filed, every time an offer of securities is made under sub-section (2), such memorandum together with the shelf prospectus shall be deemed to be a prospectusred herring prospectus27 (1) a company proposing to make an offer of securities may issue a red herring prospectus prior to the issue of a prospectus(2) a company proposing to issue a red herring prospectus under sub-section (1)shall file it with the registrar at least three days prior to the opening of the subscription list and the offer(3) a red herring prospectus shall carry the same obligations as are applicable to a prospectus and any variation between the red herring prospectus and a prospectus shall be highlighted as variations in the prospectus(4) upon the closing of the offer of securities under this section, the prospectus also stating therein the total capital raised, whether by way of debt or share capital, and the closing price of the securities and any other details as are not included in the red herring prospectus shall be filed with the registrar and in the case of a listed company with the registrar and the securities and exchange board28 (1) no form of application for the purchase of any of the securities of a company shall be issued unless such form is accompanied by an abridged prospectus:issue of application forms for securitiesprovided that nothing in this sub-section shall apply if it is shown that the form of application was issued -(a) in connection with a bona fide invitation to a person to enter into an underwriting agreement with respect to such securities, or(b) in relation to securities which were not offered to the public(2) a copy of the abridged prospectus shall, on a request being made by any person before the closing of the subscription list and the offer, be furnished to him(3) where a company makes any default in complying with the provisions of this section, it shall be liable to a penalty of fifty thousand rupees for each defaultcriminal liability for misstatements in prospectus29 where a prospectus, issued, circulated or distributed under this chapter, includes any statement which is untrue or misleading in form or context or where any inclusion or omission of any matter is likely to mislead, every person who authorises the issue of such prospectus shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to twenty five lakh rupees:provided that nothing in this section shall apply to a person if he proves that such statement or omission was immaterial or that he had reasonable grounds to believe and did up to the time of issue of the prospectus believe that the statement was true or the inclusion or omission was necessarycivil liability for misstatements inprospectus30 (1) where a person has subscribed for securities of a company acting on any statement included, or the inclusion or omission of any matter, in the prospectus which is misleading and has sustained any loss or damage as a consequence thereof, the company and every person who—(a) is a director of the company at the time of the issue of the prospectus, (b) has authorised himself to be named and is named in the prospectus as a director of the company, or has agreed to become such director, either immediately or after an interval of time,(c) is a promoter of the company, (d) has authorised the issue of the prospectus, and (e) is an expert referred to in sub-section (3) section 23, shall, without prejudice to any punishment to which any person may be liable under section 31, be liable to pay compensation to every person who has sustained such loss or damage(2) no person shall be liable under sub-section (1), if he proves—(a) that, having consented to become a director of the company, he withdrew his consent before the issue of the prospectus, and that it was issued without his authority or consent; or(b) that the prospectus was issued without his knowledge or consent, and that on becoming aware of its issue, he forthwith gave a reasonable public notice that it was issued without his knowledge or consent(3) notwithstanding anything contained in this section, where it is proved that a prospectus has been issued with intent to defraud the applicants for the securities of a company or any other person or for any fraudulent purpose, every person referred to in sub-section (1) shall be personally responsible, without any limitation of liability, for all or any of the losses or damage that may have been incurred by any person who subscribed to the securities on the basis of such prospectus31 any person who, either knowingly or recklessly makes any statement, promise or forecast which is false, deceptive or misleading, or deliberately conceals any material facts, to induce another person to enter into, or to offer to enter into -punishment for fraudulently inducing persons to invest money(a) any agreement for, or with a view to, acquiring, disposing of, subscribing for, or underwriting, securities; or(b) any agreement the purpose or the pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to fluctuations in the value of securities, shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to fifty lakh rupees32 a suit may be filed or any other action may be taken under section 30 or section 31by any person, group of persons or any association of persons affected by any misleading statement or the inclusion or omission of any matter in the prospectusaction to be taken by affected persons33 (1) any person who—(a) makes or abets making of an application in a fictitious name to a company foracquiring, or subscribing for, its securities; orpunishment for personation for acquisition, etc, of securities(b) makes or abets making of multiple applications to the company in differentnames or in different combinations of his name or surname for acquiring or subscribing for its securities; or(c) otherwise induces directly or indirectly a company to allot, or register anytransfer of, securities to him, or to any other person in a fictitious name,shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to fifty lakh rupees(2) the provisions of sub-section (1) shall be prominently reproduced in every prospectus issued by a company and in every form of application for securities(3) where a person has been convicted under this section, the court may also order disgorgement of gains, if any, made by, and seizure and disposal of the securities still in possession of, such person(4) the amount received through disgorgement or disposal of securities under subsection (3) shall be credited to the investor education and protection fundallotment of securities by company34 (1) no allotment of any securities of a company offered to the public for subscription for the first time after its incorporation shall be made unless the amount stated in the prospectus as the minimum amount has been subscribed and the sums payable on application for the amount so stated have been paid to and received by the company, whether in cash or by cheque or other instrument(2) the amount payable on application on every security shall not be less than five per cent of the nominal amount of the security(3) if the stated minimum amount has not been subscribed and the sum payable on application is not received within a period of one hundred and twenty days from the date of issue of the prospectus, the amount received under sub-section (1) shall be returned within such time and in such manner as may be prescribed(4) whenever a company having a share capital makes any allotment of shares, it shall file with the registrar a return of allotment in such manner as may be prescribed(5) nothing in this section shall apply to a private company (6) in case of any default under sub-section (3) or sub-section (4), the company and its officer who is in default shall be liable to a penalty, for each default, of one thousand rupees for every day during which default continues but not exceeding one lakh rupeessecurities to be dealt with in stock exchanges35 (1) every company intending to offer securities to the public for subscription by the issue of a prospectus shall, before such issue, make an application to one or more recognised stock exchange or exchanges for permission for the securities to be dealt with in such stock exchange or exchanges(2) where a prospectus states that an application under sub-section (1) has been made, such prospectus shall also state the name or names of the stock exchange, and any allotment whenever made on an application in pursuance of such prospectus shall be void if the permission has not been granted by such stock exchange or stock exchanges before the expiry of ten weeks from the date of closure of the subscription list:42 of 1956provided that where an appeal against the decision of any recognised stock exchange, refusing permission for the securities to be dealt with in that stock exchange, has been preferred under section 22 of the securities contracts (regulation) act, 1956, such allotment shall not be void until the dismissal of the appeal(3) all monies received on application from the public for subscription to the securities shall be kept in a separate bank account in a scheduled bank and shall not be utilised for any purpose other than-(a) for adjustment against allotment of securities where the securities have been permitted to be dealt with in the stock exchange or stock exchanges specified in the prospectus, or(b) for the repayment of monies within the prescribed time, received from applicants in pursuance of the prospectus, where securities have not been permitted to be so dealt with or where the company is for any other reason unable to allot securities (4) any condition purporting to require or bind any applicant for securities to waive compliance with any of the requirements of this section shall be void(5) if a default is made in complying with the provisions of this section, the company shall be punishable with a fine which shall not be less than five lakh rupees but which may extend to fifty lakh rupees and the officer who is in default shall be punishable with imprisonment for a term which extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with both(6) a company may pay commission to any person in connection with the subscription to its securities subject to such conditions as may be prescribedglobal depository receipt36 a company may, after passing a special resolution in its general meeting, issue depository receipts to be dealt with in depository mode in any foreign country in such manner, and subject to such conditions, as may be prescribed chapter iv share capital and debentureskinds of share capital37 (1) the share capital of the company limited by shares shall be of two kinds, namely:—(a) equity share capital, and (b) preference share capital(2) equity share capital, with reference to any company limited by shares, means that part of the issued share capital of the company which has no limits for participation, either with respect to dividends or with respect to capital, in distribution of profits or otherwise(3) preference share capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to -(a) payment of dividend, either as a fixed amount or an amount calculated at a fixed rate, which may either be free of or subject to income-tax; and(b) repayment, in the case of a winding up or repayment of capital, of the amount of the share capital paid-up or deemed to have been paid-up38 the shares or debentures or other interest of any member in a company shall be movable property transferable in the manner provided by the articles of the companynature of shares or debentures numbering of shares39 every share in a company having a share capital shall be distinguished by its distinctive number:provided that nothing in this section shall apply to a share held by a person whose name is entered as holder of beneficial interest in such share in the records of a depositorycertificate of shares40 (1) a certificate, issued under the common seal of the company, specifying the shares held by any person, shall be prima facie evidence of the title of the person to such shares(2) a duplicate of a certificate of shares may be issued, if such certificate -(a) is proved to have been lost or destroyed; or (b) has been defaced, mutilated or torn and is surrendered to the company(3) notwithstanding anything contained in the articles of a company, the manner of issue of a certificate of shares or the duplicate thereof, the form of such certificate, the particulars to be entered in the register of members and other matters shall be such as may be prescribed(4) where a share is held in depository form, the record of the depository is the prima facie evidence of the interest of the beneficial owner(5) if a company with intent to defraud issues a duplicate certificate of shares, the company shall be punishable with fine which shall not be less than five times the face value of the shares involved in the issue of the duplicate certificate but which may extend to ten times the face value of such shares and every officer of the company who is in default shall be punishable with imprisonment which may extend to three years and with fine which shall not be less than three lakh rupees but which may extend to twenty five lakh rupees22 of 1996(6) without prejudice to any liability under the depositories act, 1996, where any depository with an intention to defraud a person has transferred shares, it shall be punishable with fine which shall not be less than three lakh rupees but which may extend to twenty five lakh rupeesvoting rights41 (1) subject to the provisions of sub-section (2) of section 44, -(a) every member of a company limited by shares and holding equity share capital therein, shall have a right to vote on every resolution placed before the company, and(b) his voting right on a poll shall be in proportion to his share in the paid-up equity share capital of the company(2) every member of a company limited by shares and holding any preference share capital therein shall, in respect of such capital, have a right to vote only on resolutions placed before the company which directly affect the rights attached to his preference shares, any resolution for the winding up of the company or for the repayment or reduction of its preference share capital and his voting right on a poll shall be in proportion to his share in the paid-up preference share capital of the company:provided that in respect of a resolution on a matter affecting both the equity shareholders and the preference shareholders, the proportion of the voting rights of equity shareholders to the voting rights of the preference shareholders shall be in the same proportion as the paid-up capital in respect of the equity shares bears to the paid-up capital in respect of the preference shares:provided further that where the dividends payable in respect of a class of preference shares are in arrears for a period of three years or more, such class of preference shareholders shall have a right to vote on all the resolutions placed before a meeting of the companyvariation of shareholders' rights42 (1) where a share capital of the company is divided into different classes of shares, the rights attached to the shares of any class may be varied with the consent in writing of the holders of not less than three-fourths of the issued shares of that class or by means of a special resolution passed at a separate meeting of the holders of the issued shares of that class,—(a) if provision with respect to such variation is contained in the memorandum or articles of the company, or(b) in the absence of any such provision in the memorandum or articles, if such variation is not prohibited by the terms of issue of the shares of that class (2) where the holders of not less than ten per cent of the issued shares of a class did not consent to such variation or vote in favour of the special resolution for the variation, they may apply to the tribunal to have the variation cancelled, and where any such application is made, the variation shall not have effect unless and until it is confirmed by the tribunal(3) the company shall, within thirty days of the date of the order of the tribunal, file a copy thereof with the registrar(4) where any default is made in complying with the provisions of this section, the company shall be punishable with fine which shall not be less than twenty five thousand rupees but which may extend to five lakhs rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty five thousand rupees but which may extend to five lakh rupees, or with both43 where any calls for further share capital are made on the shares of a class, such calls shall be made on a uniform basis on all shares falling under that classcalls on shares of same class to be made on uniform basisexplanation— for the purposes of this section, shares of the same nominal value on which different amounts have been paid up shall not be deemed to fall under the same classcompany to accept unpaid share capital, although not called up44 (1) a company may, if so authorised by its articles, accept from any member the whole or a part of the amount remaining unpaid on any shares held by him, even of no part of that amount has been called up(2) a member of the company limited by shares shall not be entitled to any voting rights in respect of the amount paid by him under sub-section (1) until that amount has been called up45 a company may, if so authorised by its articles, pay dividends in proportion to the amount paid-up on each sharepayment of dividend in proportion to amount paid-up application of premiums received on issue of shares46 (1) where a company issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount of the premium received on those shares shall be transferred to a "securities premium account" and the provisions of this act relating to reduction of share capital of a company shall, except as provided in this section, apply as if the share premium account were the paid-up share capital of the company(2) notwithstanding anything contained in sub-section (1), the share premium account may be applied by the company—(a) towards the issue of unissued shares of the company to the members of the company as fully paid bonus shares;(b) in writing off the preliminary expenses of the company; (c) in writing off the expenses of, or the commission paid or discount allowed on, any issue of shares or debentures of the company;(d) in providing for the premium payable on the redemption of any redeemable preference shares or of any debentures of the company; or(e) for the purchase of its own shares or other securities under section 6147 (1) except as provided in section 48, a company shall not issue shares at a discountprohibition on issue of shares at discount(2) any share issued by a company at a discounted price shall be void (3) where a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with bothissue of sweat equity shares48 (1) notwithstanding anything contained in section 47, a company may issue sweat equity shares of a class of shares already issued, if the following conditions are fulfilled, namely :—(a) the issue is authorised by a special resolution passed by the company; (b) the resolution specifies the number of shares, the current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued;(c) not less than one year has, at the date of such issue, elapsed since the date on which the company had commenced business; and(d) where the equity shares of the company are listed on a recognised stock exchange, the sweat equity shares are issued in accordance with the regulations made by the securities and exchange board in this behalf and if they are not so listed, the sweat equity shares are issued in accordance with such rules as may be prescribed (2) the rights, limitations, restrictions and provisions as are for the time being applicable to equity shares shall be applicable to the sweat equity shares issued under this section and the holders of such shares shall rank pari passu with other equity shareholders49 (1) no company limited by shares shall, after the commencement of this act, issue any preference shares which are irredeemableissue and redemption of preference shares(2) a company limited by shares may, if so authorised by its articles, issue preference shares which are liable to be redeemed within a period not exceeding twenty years from the date of their issue subject to such conditions as may be prescribed:provided that a company may issue preference shares for a period exceeding twenty years for such infrastructural projects as may be prescribed, subject to the redemption of such percentage of shares as may be prescribed on an annual basis at the option of such preferential shareholders:provided further that—(a) no such shares shall be redeemed except out of the profits of the company which would otherwise be available for dividend or out of the proceeds of a fresh issue of shares made for the purposes of such redemption;(b) no such shares shall be redeemed unless they are fully paid; (c) where any such shares are proposed to be redeemed out of the profits of the company, there shall, out of such profits, be transferred, a sum equal to the nominal amount of the shares to be redeemed, to a reserve fund, to be called the capital redemption reserve account, and the provisions of this act relating to reduction of share capital of a company shall, except as provided in this section, apply as if the capital redemption reserve account were paid-up share capital of the company; and(d) the premium, if any, payable on redemption shall be provided for out of the profits of the company or out of the company's share premium account, before such shares are redeemed(3) where a company is not in a position to redeem any preference shares or to pay dividend, if any, on such shares in accordance with the terms of issue (such shares being hereinafter referred to as unredeemed preference shares), it may, with the consent of the holders of three-fourths in value of such preference shares and with the approval of the tribunal on a petition made by it in this behalf, issue further redeemable preference shares equal to the amount due, including the dividend thereon, in respect of the unredeemed preference shares, and on the issue of such further redeemable preference shares, the unredeemed prefrence shares shall be deemed to have been redeemed:provided that the tribunal shall, while giving approval under this sub-section, order the redemption forthwith of preference shares held by such persons who have not consented to the issue of further redeemable preference sharesexplanation— for the removal of doubts, it is hereby declared that the issue of further redeemable preference shares or the redemption of preference shares under this section shall not be deemed to be an increase or, as the case may be, a reduction, in the share capital of the companytransfer and transmission of securities50 (1) a company shall not register a transfer of securities of the company, or the interest of a member in the company in the case of a company having no share capital, other than the transfer between persons both of whose names are entered as holders of beneficial interest in the records of a depository, unless a proper instrument of transfer, in such form as may be prescribed, duly stamped, dated and executed by or on behalf of the transferor and the transferee and specifying the name, address and occupation, if any, of the transferee has been delivered to the company by the transferor or the transferee within such period from the date of execution, as may be prescribed, along with the certificate relating to the securities, or if no such certificate is in existence, along with the letter of allotment of securities:provided that where the instrument of transfer has been lost or the instrument of transfer has not been delivered within the prescribed period, the company may register the transfer on such terms as to indemnity as the board may think fit(2) nothing in sub-section (1) shall prejudice the power of the company to register, on receipt of an intimation of transmission of any right to securities by operation of law from any person to whom such right has been transmitted(3) where an application is made by the transferor alone and relates to partly paid shares, the transfer shall not be registered, unless the company gives the notice of the application, in such manner as may be prescribed, to the transferee and the transferee gives no objection to the transfer within two weeks from the receipt of notice(4) every company shall, unless prohibited by any provision of law or any order of court, tribunal or other authority, deliver the certificates of all securities allotted, transferred or transmitted—(a) within two months after incorporation, in the case of subscribers to the memorandum;(b) within two months from the date of allotment, in the case of any allotment of any of its shares;(c) within one month from the date of receipt by the company of the instrument of transfer under sub-section (1) or, as the case may be, of the intimation of transmission under sub-section (2), in the case of a transfer or transmission of securities;(d) within six months from the date of allotment in the case of any allotment of debenture (5) the transfer of any security or other interest of a deceased person in a company made by his legal representative shall, even if the legal representative is not himself a holder thereof, be valid as if he had been the holder at the time of the execution of the instrument of transfer(6) where any default is made in complying with the provisions of sub sections (1) to(5) of this section, the company shall be punishable with fine which shall not be less than twenty five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both15 of 1992(7) where the transfer of securities is in contravention of any of the provisions of thesecurities and exchange board of india act, 1992 or this act or any other law for the time being in force, the tribunal may, on an application made by the depository, company, depository participant, the holder of the securities or the securities and exchange board, direct any company or a depository to set right the contravention and rectify its register of records concernedpunishment for personation of shareholder51 where any person deceitfully personates the owner of any share or interest andthereby obtains or attempts to obtain any such share or interest or any coupon, or receives or attempts to receive any money due to any such owner, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupeesrefusal of registration and appeal against refusal52 (1) if a private company limited by shares refuses, whether in pursuance of any power of the company under its articles or otherwise, to register the transfer of, or the transmission by operation of law of the right to, any securities or interest of a member in the company, it shall within one month from the date on which the instrument of transfer, or the intimation of such transmission, as the case may be, was delivered to the company, send notice of the refusal to the transferor and the transferee or to the person giving intimation of such transmission, as the case may be, giving reasons for such refusal(2) the transferee may appeal to the tribunal against the refusal within one month from the date of receipt of the notice or in case no notice has been sent by the company, within four months from the date on which the instrument of transfer or the intimation of transmission, as the case may be, was delivered to the company(3) if a public company without sufficient cause refuses to register the transfer of shares within one month from the date on which the instrument of transfer or the intimation of transmission, as the case may be, is delivered to the company, the transferee may, within two months of such refusal or where no intimation has been received from the company, within three months of the delivery of the instrument of transfer or intimation of transmission, appeal to the tribunal(4) the tribunal, while dealing with an application preferred under sub-section (1) or an appeal made under sub-section (2) or (3), may, after hearing the parties, either reject the application or dismiss the appeal, or by order—(a) direct that the transfer or transmission shall be registered by the company and the company shall comply with such order within ten days of the receipt of the order; or(b) direct rectification of the register and also direct the company to pay damages, if any, sustained by any party aggrieved (5) where any person contravenes the order of the tribunal under this section, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupeesrectification of register of members53 (1) if the name of any person is, without sufficient cause, entered in the register of members of a company, or after having been entered in the register, is, without sufficient cause, omitted therefrom, or if a default is made, or unnecessary delay takes place in entering in the register, the fact of any person having become or ceased to be a member, the person aggrieved, or any member of the company, or the company may appeal in such form as may be prescribed, to the tribunal, or to a competent court outside india, specified by the central government by notification, in respect of foreign members or debenture holders residing outside india, for rectification of the register(2) the tribunal may, after hearing the parties to the appeal under sub-section (1) by order, either dismiss the appeal or direct that the transfer or transmission shall be registered by the company within ten days of the receipt of the order or direct rectification of the register and in the latter case direct the company to pay damages, if any, sustained by the party aggrieved or the records of a depository(3) if any default is made in complying with the order of the tribunal under this section, the company and every officer who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees, or with bothpublication of authorised, subscribed and paid-up capital54 (1) where any notice, advertisement or other official publication, or any business letter, billhead or letter paper of a company contains a statement of the amount of the authorised capital of the company, such notice, advertisement or other official publication, or such letter, billhead or letter paper shall also contain a statement, in an equally prominent position and in equally conspicuous characters, of the amount of the capital which has been subscribed and the amount paid-up(2) if any default is made in complying with the requirements of sub-section (1), the company shall be liable to a penalty of ten thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees, for each default55 (1) a limited company having a share capital may, if so authorised by its articles, alter its memorandum in its general meeting to—power of limited company to alter its share capital(a) increase its share capital by such amount as it thinks expedient by issuingnew shares;(b) consolidate and divide all or any of its share capital into shares of a larger amount than its existing shares;(c) convert all or any of its fully paid-up shares into stock, and reconvert that stock into fully paid-up shares of any denomination;(d) sub-divide its shares, or any of them, into shares of smaller amount than is fixed by the memorandum, so, however, that in the sub-division the proportion between the amount paid and the amount, if any, unpaid on each reduced share shall be the same as it was in the case of the share from which the reduced share is derived;(e) cancel shares which, at the date of the passing of the resolution in that behalf, have not been taken or agreed to be taken by any person, and diminish the amount of its share capital by the amount of the shares so cancelled (2) the cancellation of shares under sub-section (1) shall not be deemed to be a reduction of share capital56 (1) where at any time, a company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered —further issue of sharecapital(a) to persons who, at the date of the offer, are holders of equity shares of the company in proportion, as nearly as circumstances admit, to the share capital paid up on those shares by circulating an offer for sale subject to such terms and conditions relating to the time within which the offer has to be accepted, the renunciation of such offer and such other matters as may be prescribed;(b) to employees under a scheme of employees' stock option, subject to such conditions as may be prescribed; or(c) if it is authorised by a special resolution, to persons other than those mentioned in clause (a) or clause (b), either for cash or for a consideration, if the price of such shares is determined by the valuation report of a registered valuer subject to such conditions as may be prescribed (2) nothing in this section shall apply to the increase of the subscribed capital of a public company caused by the exercise of an option as a term attached to the debentures issued or loan raised by the company to convert such debentures or loans into shares in the company:provided that the terms of issue of such debentures or loan containing such an option have been approved before the issue of such debentures or the raising of loan by a special resolution passed by the company in general meeting(3) notwithstanding anything contained in sub-section (2), where any debentures have been issued, or loan has been obtained from any government, by a company, and if that government considers it necessary in the public interest so to do, it may, by order, direct that such debentures or loans or any part thereof shall be converted into shares in the company on such terms and conditions as appear to the government to be reasonable in the circumstances of the case even if terms of the issue of such debentures or the raising of such loans do not include a term for providing for an option for such conversion:provided that where the terms and conditions of such conversion are not acceptable to the company, it may, within sixty days from the date of communication of such order, appeal to the tribunal which shall after hearing the company and the government pass such order as it deems fit(4) in determining the terms and conditions of conversion under sub-section (3), the government shall have due regard to the financial position of the company, the terms of issue of debentures or loans, as the case may be, the rate of interest payable on such debentures or loans and such other matters as it may consider necessary(5) where the government has, by an order made under sub-section (3), directed that any debenture or loan or any part thereof shall be converted into shares in a company and where no appeal has been preferred to the tribunal under sub-section (3) or where such appeal has been dismissed, the memorandum of such company shall, where such order has the effect of increasing the authorised share capital of the company, stand altered and the authorised share capital of such company shall stand increased by an amount equal to the amount of the value of shares which such debentures or loans or part thereof has been converted in to57 (1) where—(a) a company alters its share capital in any manner specified in sub-section (1)of section 55;given to registrar for alteration of share capital(b) an order made by the government under sub-section (3) read with subsection (5) of section 56 has the effect of increasing the authorised capital of a company; or(c) a company redeems any redeemable preference shares, the company shall file a notice in the prescribed form with the registrar within thirty days of such alteration or increase, as the case may be, along with an altered memorandum(2) where a company and any officer of the company who is in default contravenes the provisions of sub-section (1), it or he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty five lakh rupees58 an unlimited company having a share capital may, by a resolution for registration as a limited company under this act, do either or both of the following things, namely:—unlimited company to provide for reserve share capital on reregistration(a) increase the nominal amount of its share capital by increasing the nominal amount of each of its shares, subject to the condition that no part of the increased capital shall be capable of being called up except in the event and for the purposes of the company being wound up;(b) provide that a specified portion of its uncalled share capital shall not be capable of being called up except in the event and for the purposes of the company being wound up| reduction ||----------------|| share capital |59 (1) subject to confirmation by the tribunal on an application by the company, a company limited by shares or limited by guarantee and having a share capital may, by a special resolution, reduce the share capital in any manner and in particular, may—(a) extinguish or reduce the liability on any of its shares in respect of the share capital not paid-up; or(b) either with or without extinguishing or reducing liability on any of its shares,(i) cancel any paid-up share capital which is lost or is unrepresented by available assets; or(ii) pay off any paid-up share capital which is in excess of the wants of the company, and alter its memorandum by reducing the amount of its share capital and of its shares accordingly:provided that no such reduction shall be made if the company is in arrears in the repayment of any deposits accepted by it, either before or after the commencement of this act, or the interest payable thereon(2) the tribunal shall give notice of every application made to it under sub-section(1) to the central government and to the securities and exchange board, in the case of listed companies, and the creditors of the company and shall take into consideration the representations, if any, made to it by that government, the securities and exchange board and the creditors within a period of three months from the date of receipt of the notice:provided that where no representation has been received from the central government, the securities and exchange board or the creditors within the said period, it shall be presumed that they have no objection to the reduction(3) the tribunal may, if it is satisfied that the debt or claim of every creditor of the company has been discharged or determined or has been secured or his consent is obtained, make an order confirming the reduction on such terms and conditions as it deems fit(4) the order of confirmation of the reduction by the tribunal under sub-section (3)shall be published by the company in such manner as the tribunal may direct(5) the company shall deliver a certified copy of the order of the tribunal under subsection (3) and of a minute approved by the tribunal showing—(a) the amount of share capital, (b) the number of shares into which it is to be divided, (c) the amount of each share, and (d) the amount, if any, at the date of registration deemed to be paid-up on each share, to the registrar within thirty days of the receipt of the copy of the order, who shall register the same and issue a certificate to that effect(6) nothing in this section shall apply to buy-back of its own securities by a company under section 61(7) a member of the company, past or present, shall not be liable to any call or contribution in respect of any share held by him exceeding the amount of difference, if any, between the amount paid on the share, or reduced amount, if any, which is to be deemed to have been paid thereon, as the case may be, and the amount of the share as fixed by the order of reduction(8) where the name of any creditor entitled to object to the reduction of share capital under this section is, by reason of his ignorance of the proceedings for reduction or of their nature and effect with respect to his debt or claim, not entered on the list of creditors, and after such reduction the company is unable, within the meaning of sub-section (2) of section 246, to pay the amount of his debt or claim,—(a) every person, who was a member of the company at the date of the registration of the order for reduction by the registrar, shall be liable to contribute to the payment of that debt or claim, an amount not exceeding the amount which he would have been liable to contribute if the company had commenced winding up on the day immediately before the said date; and(b) if the company is wound up, the tribunal may, on the application of any such creditor and proof of his ignorance as aforesaid, if it thinks fit, settle a list of persons so liable to contribute, and make and enforce calls and orders on the contributories settled on the list, as if they were ordinary contributories in a winding up (9) nothing in sub-section (8) shall affect the rights of the contributories among themselves(10) if any officer of the company—(a) knowingly conceals the name of any creditor entitled to object to the reduction;(b) knowingly misrepresents the nature or amount of the debt or claim of any creditor; or(c) abets or is privy to any such concealment or misrepresentation as aforesaid, he shall be punishable with imprisonment which may extend to two years or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both(11) where a company fails to comply with the provisions of sub-sections (4) and (5), it shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees60 (1) no company limited by shares or by guarantee and having a share capital shall have power to buy its own shares unless the consequent reduction of share capital is effected under the provisions of this actrestrictions on purchase by company or giving of loans by it for purchase of its shares(2) no public company shall give, whether directly or indirectly and whether by means of a loan, guarantee, the provision of security or otherwise, any financial assistance for the purpose of, or in connection with, a purchase or subscription made or to be made, by any person of or for any shares in the company or in its holding company:provided that nothing in this sub-section shall apply to—(a) the lending of money by a banking company in the ordinary course of its business;(b) the provision by a company of money in accordance with any scheme for the purchase of, or subscription for, fully paid-up shares in the company or its holding company, if the purchase of, or the subscription for, the shares by trustees to be held by or for the benefit of the employees of the company; or(c) the giving of loans by a company to persons in the employment of the company other than its directors or key managerial personnel, for an amount not exceeding their salary or wages for a period of six months with a view to enabling them to purchase or subscribe for fully paid-up shares in the company or its holding company to be held by them by way of beneficial ownership (3) nothing in this section shall affect the right of a company to redeem any preference shares issued by it under this act or under any previous company law(4) where a company contravenes the provisions of this section, it shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees61 (1) notwithstanding anything contained in this act, but subject to the provisions of sub-section (2), a company may purchase its own shares or other specified securities(hereinafter referred to as buy-back) out of—power of company to purchase its own securities(a) its free reserves, (b) the securities premium account, or (c) the proceeds of the issue of any shares or other specified securities:provided that no buy-back of any kind of shares or other specified securities shall be made out of the proceeds of an earlier issue of the same kind of shares or same kind of other specified securities(2) no company shall purchase its own shares or other specified securities under sub-section (1), unless—(a) the buy-back is authorised by its articles; (b) a special resolution has been passed at a general meeting of the company authorising the buy-back:provided that nothing contained in this clause shall apply to a case where—(i) the buy-back is for less than ten per cent of the total paid-up equity capital and free reserves of the company; and(ii) such buy-back has been authorised by the board by means of a resolution passed at its meeting; (c) the buy-back is for less than twenty five per cent of the total paid-up capital and free reserves of the company: provided that in respect of the buy-back of equity shares in any financial year, the reference to twenty-five per cent in this clause shall be construed with respect to its total paid-up equity capital in that financial year;(d) the ratio of the aggregate of secured and unsecured debts owed by the company after buy-back is not more than twice the capital and its free reserves: provided that the central government may, by order, notify a higher ratio of the debt to capital and free reserves for a class or classes of companies;(e) all the shares or other specified securities for buy-back are fully paid-up; (f) the buy-back of the shares or other specified securities listed on any recognised stock exchange is in accordance with the regulations made by the securities and exchange board in this behalf; and(g) the buy-back in respect of shares or other specified securities other than those specified in clause (f) is in accordance with such rules as may be prescribed:provided that no offer of buy-back under this sub-section shall be made within a period of one year reckoned from the date of the preceding offer of buy-back, if any (3) the notice of the meeting at which the special resolution is proposed to be passed under clause (b) of sub-section (2) shall be accompanied by an explanatory statement stating—(a) a full and complete disclosure of all material facts; (b) the necessity for the buy-back; (c) the class of shares or securities intended to be purchased under the buyback;(d) the amount to be invested under the buy-back; and (e) the time-limit for completion of buy-back(4) every buy-back shall be completed within one year from the date of passing of the special resolution under clause (b), or as the case may be, the resolution passed by the board under para (ii) of the proviso to that clause, of sub-section (2)(5) the buy-back under sub-section (1) may be—(a) from the existing shareholders or security holders on a proportionate basis; (b) from the open market; (c) from odd lots, where the lot of shares or securities of a public company, whose shares are listed on a recognised stock exchange, is smaller than such marketable lot, as may be specified by the stock exchange; or(d) by purchasing the securities issued to employees of the company pursuant to a scheme of stock option or sweat equity (6) where a company proposes to buy-back its own shares or other specified securities under this section in pursuance of a special resolution under clause (b) of subsection (2) or a resolution under para (ii) of the proviso thereto, it shall, before making such buy-back, file with the registrar and the securities and exchange board, a declaration of solvency signed by at least two directors of the company, one of whom shall be the managing director, if any, in such form as may be prescribed and verified by an affidavit to the effect that the board of directors of the company has made a full inquiry into the affairs of the company as a result of which they have formed an opinion that it is capable of meeting its liabilities and will not be rendered insolvent within a period of one year from the date of declaration adopted by the board:provided that no declaration of solvency shall be filed with the securities and exchange board by a company whose shares are not listed on any recognised stock exchange(7) where a company buys back its own shares or other specified securities, it shall extinguish and physically destroy the shares or securities so bought back within seven days of the last date of completion of buy-back(8) where a company completes a buy-back of its shares or other specified securities under this section, it shall not make a further issue of the same kind of shares or other securities including allotment of new shares under clause (a) of sub-section (1) of section56 or other specified securities within a period of six months except by way of a bonus issue or in the discharge of subsisting obligations such as conversion of warrants, stock option schemes, sweat equity or conversion of preference shares or debentures into equity shares(9) where a company buys back its shares or other specified securities under this section, it shall maintain a register of the shares or securities so bought, the consideration paid for the shares or securities bought back, the date of cancellation of shares or securities, the date of extinguishing and physically destroying the shares or securities and such other particulars as may be prescribed(10) a company shall, after the completion of the buy-back under this section, file with the registrar and the securities and exchange board a return containing such particulars relating to the buy-back within thirty days of such completion, as may be prescribed:provided that no return shall be filed with the securities and exchange board by a company whose shares are not listed on any recognised stock exchange(11) where a company makes any default in complying with the provisions of this section or any regulation made by the securities and exchange board, for the purposes of clause (f) of sub-section (2), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and any officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees, or with bothexplanation—for the purposes of this section and section 63, "specified securities"includes employees' stock option or other securities as may be notified by the central government from time to time62 where a company purchases its own shares out of free reserves, a sum equal to the nominal value of the shares so purchased shall be transferred to the capital redemption reserve account and details of such transfer shall be disclosed in the balance sheettransfer of certain sums to capital redemption reserve account63 no company shall directly or indirectly purchase its own shares or other specified securities—prohibition for buy-back in certain circumstances(a) through any subsidiary company including its own subsidiary companies;(b) through any investment company or group of investment companies; or (c) if a default is made by the company in the repayment of deposits acceptedeither before or after the commencement of this act, interest payment thereon, redemption of debentures or preference shares or payment of dividend to any shareholder, or repayment of any term loan or interest payable thereon to any financial institution or banking companydebentures64 (1) a company may issue debentures either with an option to convert suchdebentures into shares at the time of redemption or otherwise(2) no company shall issue any debentures carrying any voting rights (3) all secured debentures may be issued only by such class of companies and subject to such terms and conditions as may be prescribed(4) where debentures are issued by a company under this section, the company shall create a debenture redemption reserve account out of the profits of the company available for payment of dividend and the amount credited to such account shall not be utilised by the company except for the redemption of debentures(5) no company shall issue a prospectus or make an offer or invitation to the public or to its members exceeding five hundred for the subscription of its debentures, unless the company has, before such issue or offer, appointed one or more debenture trustees and the conditions governing the appointment of such trustees shall be such as may be prescribed(6) a debenture trustee shall take steps to protect the interests of the debenture holders and redress their grievances and rules may be made in this behalf(7) any provision contained in a trust deed for securing the issue of debentures, or in any contract with the debenture holders secured by a trust deed, shall be void insofar as it would have the effect of exempting a trustee thereof from, or indemnifying him against, any liability for breach of trust, where he fails to show the degree of care and diligence required of him as a trustee, having regard to the provisions of the trust deed conferring on him any power, authority or discretion:provided that the liability of the debenture trustee shall be subject to such exemptions as may be agreed upon by a majority of debenture holders holding not less than threefourths in value of the total debentures at a meeting held for the purpose(8) a company shall pay interest and redeem the debentures in accordance with the terms and conditions of their issue(9) where at any time the debenture trustee comes to a conclusion that the assets of the company are insufficient or are likely to become insufficient to discharge the principal amount as and when it becomes due, the debenture trustee may file a petition before the tribunal and the tribunal may, after hearing the company and any other person interested in the matter, by order, impose such restrictions on the incurring of any further liabilities by the company as the tribunal may consider necessary in the interests of the debenture holders(10) where a company fails to redeem the debentures on the date of their maturity or fails to pay interest on the debentures when it is due, the tribunal may, on the application of any or all of the debenture holders, or debenture trustee and, after hearing the parties concerned, direct, by order, the company to redeem the debentures forthwith on payment of principal and interest due thereon(11) where any default is made in complying with the order of the tribunal under this section, every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not less than two lakh rupees but which may extend to five lakh rupees, or with both(12) a contract with the company to take up and pay for any debentures of the company may be enforced by a decree for specific performance(13) the central government may prescribe by rules, for securing the issue of debentures, the form of debenture trust deed, the procedure for the debenture holders to inspect the trust deed and to obtain copies thereof and such other matters65 (1) every holder of shares or debentures of a company may, at any time, nominate, in the prescribed manner, any person to whom his shares or debentures shall vest in the event of his death(2) where the shares or debentures of a company are held by more than one person jointly, the joint holders may together nominate, in the prescribed manner, any person to whom all the rights in the shares or debentures shall vest in the event of death of all the joint holders(3) notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of the shares or debentures of a company, where a nomination made in the prescribed manner purports to confer on any person the right to vest the shares or debentures of the company, the nominee shall, on the death of the holder of shares or debentures or, as the case may be, on the death of the joint holders, become entitled to all the rights in the shares or debentures, of the holder or, as the case may be, of all the joint holders, in relation to such shares, or debentures, to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner(4) where the nominee is a minor, it shall be lawful for the holder of the shares or debentures, making the nomination to appoint, in the prescribed manner, any person to become entitled to the shares or debentures of the company, in the event of the death of the nominee during his minority chapter v acceptance of deposits by companies66 (1) on and after the commencement of this act, no company shall invite, accept or renew deposits under this act from the public except as provided under this chapter:prohibition on acceptanceof depositsfrom public2 of 1934provided that nothing in this sub-section shall apply to a banking company and non banking financial company as defined in the reserve bank of india act, 1934 and to such other company as the central government may, after consultation with the reserve bank of india, specify in this behalf(2) a company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the reserve bank of india, accept deposits from its members on such terms and conditions, including the provision of security or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:—(a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed;(b) filing a copy of the circular along with such statement with the registrar thirty days before the date of issue of the circular;(c) depositing such sum which shall not be less than fifteen per cent of the amount of its deposits maturing during a financial year and the financial year next following, in a deposit repayment reserve account;(d) providing such deposit insurance in such manner and to such extent as may be prescribed;(e) certifying that the company has not defaulted in the repayment of deposits accepted either before or after the commencement of this act or payment of interest on such deposits; and(f) providing such security for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the company property or assets (3) every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section(4) where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the tribunal may deem fit67 (1) where in respect of any deposit accepted by a company before the commencement of this act, the amount of such deposit or part thereof or any interest due thereon remains unpaid on such commencement or becomes due at any time thereafter, the company shall—(a) file within a period of three months from such commencement or from the date on which such payment are due with the registrar a statement of all the deposits accepted by the company and sums unpaid on such amount with the interest payable thereon along with the arrangements made for such repayment, notwithstanding anything contained in any other law for the time being in force or under the terms and conditions subject to which the deposit was accepted or any scheme framed under any law; and(b) repay within one year from such commencement from the date on which such payments are due, whichever is earlier (2) the tribunal may on an application made by the company, after considering the financial condition of the company, the amount of deposit or part thereof and the interest payable thereon and such other matters, allow further time as considered reasonable to the company to repay the deposit(3) where a company fails to repay the deposit or part thereof or any interest thereon within the time specified in sub-section (1) or such further time as may be allowed by the tribunal under sub-section (2), the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than one crore rupees but which may extend to ten crore rupees and every officer of the company who is in default shall be punishable with imprisonment which may extend to seven years or with fine which shall not be less than twenty-five lakh rupees but which may extend to two crore rupees, or with bothdamages for fraud68 (1) where a company fails to repay the deposit or part thereof or any interest thereon referred to in section 67 within the time specified in sub-section (1) of that section or such further time as may be allowed by the tribunal under sub-section (2) of that section, and it is proved that the deposits had been accepted with intent to defraud the depositors or for any fraudulent purpose, every officer of the company who was responsible for the acceptance of such deposit shall, without prejudice to the provisions contained in subsection (3) of that section, be personally responsible, without any limitation of liability, for all or any of the losses or damages that may have been incurred by the depositors(2) any suit, proceedings or other action may be taken by any person, group of persons or any association of persons who had incurred any loss as a result of the failure of the company to repay the deposits or part thereof or any interest thereon chapter vi registration of chargesduty to register charges, etc69 (1) it shall be the duty of every company creating a charge within india or outside, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in india or outside, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, if any, creating such charge in such form, on payment of such fee and in such manner as may be prescribed, with the registrar within thirty days of its creation:provided that the registrar may, on an application by the company, allow such registration to be made within a period of three hundred days of such creation on payment of such additional fee as may be prescribed(2) where a charge is registered with the registrar under sub-section (1), he shall issue a certificate of registration of such charge in such form and in such manner as may be prescribed to the company and, as the case may be, to the person in whose favour the charge is created(3) notwithstanding anything contained in any other law for the time being in force, no charge created by a company shall be taken into account by the liquidator or any other creditor unless it is duly registered under sub-section (1) and a certificate of registration of such charge is given by the registrar under sub-section (2)(4) nothing in sub-section (3) shall prejudice any contract or obligation for the repayment of the money secured by a chargeapplication for registration of charge70 where a company fails to register the charge within the period specified in section69, without prejudice to its liability in respect of any offence under this chapter, the person in whose favour the charge is created may apply to the registrar for registration of the charge along with the instrument created for the charge, in such form and manner as may be prescribed and the registrar may, on such application, within fourteen days after giving notice to the company, unless the company itself registers the charge or shows sufficient cause why such charge should not be registered, allow such registration on payment of such fee and additional fee as may be prescribed:provided that where registration is effected on application of the person in whose favour the charge is created, that person shall be entitled to recover from the company the amount of any fee or additional fee paid by him to the registrar for the purpose of registration of charge71 the provisions of section 69 relating to registration of charges shall, so far as may be, apply to—section 69 to apply in certain matters(a) a company acquiring any property subject to a charge within the meaning ofthat section; or(b) any modification in the terms and conditions of any charge registered under that sectiondate of notice of charge72 where any charge on any property or assets of a company or any of itsundertakings is registered under section 69, any person acquiring such property, assets, undertakings or part thereof or any share or interest therein shall be deemed to have notice of the charge from the date of such registration73 (1) the registrar shall, in respect of every company, keep a register containing particulars of the charges registered under this chapter in such form and in such manner as may be prescribed| register | of ||---------------|------|| charges to be | || kept | by || registrar | |(2) a register kept in pursuance of this section shall be open to inspection by any person on payment of such fee as may be prescribed for each inspectioncompany to report satisfaction of charge74 (1) a company shall give intimation to the registrar in the prescribed form, of thepayment or satisfaction in full of any charge registered under this chapter within thirtydays from the date of such payment or satisfaction and the provisions of sub-section (1) ofsection 69 shall, as far as may be, apply to an intimation given under this section(2) the registrar shall, on receipt of intimation under sub-section (1), cause a notice to be sent to the holder of the charge calling upon him to show cause within such time not exceeding fourteen days, as may be specified in such notice, as to why payment or satisfaction in full should not be recorded as intimated to the registrar, and if no cause is shown, by such holder of the charge the registrar shall order that a memorandum of satisfaction shall be entered in the register of charges kept by him under section 73 and shall inform the company that he has done sointimation of appointment of receiver or manager75 (1) if any person obtains an order for the appointment of a receiver for, or of a person to manage, the property, subject to a charge, of a company or if any person appoints such receiver or person under any power contained in any instrument, he shall, within such time as may be prescribed, give notice of such appointment to the company and the registrar along with a copy of the order or instrument and the registrar shall, on payment of the prescribed fee, register particulars of the receiver, person or instrument(2) any person appointed under sub-section (1) shall, on ceasing to hold such appointment, give to the company and the registrar a notice to that effect and the registrar shall register such noticecompany's register of charges76 (1) every company shall keep at its registered office a register of charges in such form and in such manner as may be prescribed, which shall include therein all charges and floating charges affecting any property or assets of the company or any of its undertakings, indicating in each case such particulars as may be prescribed(2) the register of charges kept under sub-section (1) shall be open for inspection during business hours—(a) by any member without any payment of fee; or (b) by any other person on payment of such fee as may be prescribed, subject to such reasonable restrictions as the company may, by its articles, imposepunishment for contravention77 where any company contravenes any provision of this chapter, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakhs rupees and any officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both chapter vii management and administrationregister of members, etc78 (1) every company shall keep and maintain following registers in such form and in such manner as may be prescribed, namely:—(a) register of members indicating separately equity and preference shares held by each member and residing in india and outside;(b) register of debenture holders; (c) register of any other security holders(2) every register maintained under sub-section (1) shall include an index of the names included therein22 of 1996(3) the register and index of beneficial owners maintained by a depository under section 11 of the depositories act, 1996, shall be deemed to be the corresponding register and index for the purposes of this act(4) a company may, if so authorised by its articles, keep in any country outside india, in such manner as may be prescribed, a part of the register referred to in sub-section (1), called "foreign register" containing the names and particulars of the members, debenture holders, other security holders or beneficial owners residing outside india(5) a company shall file with the registrar—(a) particulars of the situation of the place where such register of members, etc, is kept; and(b) in the event of any change in the situation of such place or of its discontinuance, particulars of such change or discontinuance within thirty days from the date of such change or discontinuance (6) if any default is made in complying with the provisions of this section, the company shall be liable to a penalty of ten thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees, for each such defaultdeclaration in respect of beneficial interest in any share79 (1) where the name of a person is entered in the register of members of a company as the holder of shares or class of shares in that company but who does not hold the beneficial interest in such shares, such person shall make a declaration in such form as may be prescribed to the company specifying the name and other particulars of the person who holds the beneficial interest in such shares or class of shares(2)every person who holds or acquires a beneficial interest in a share or class of shares of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed(3)where any change occurs in the beneficial interest in such shares or class of shares, the person referred to in sub-section (1) and the beneficial owner specified in subsection (2) shall, within thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed(4) where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the registrar in respect of such declaration with such fee as may be prescribed, or with such additional fee, as may be prescribed, within the time specified under section 364(5) where a company, required to file a return under sub-section (4), fails to do so before the expiry of the time specified under section 364 with additional fee, the company and every officer who is in default shall be punishable with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees for every day during which the default continues(6)any instrument created by the ostensible owner of any share or class of shares, in respect of which a declaration is required to be made under this section, shall not be enforceable by the beneficial owner or any person claiming through him unless such declaration is made(7)nothing in this section shall be deemed to prejudice the obligation of a company to pay dividend to its members under this act and the said obligation shall, on such payment, stand dischargedinvestigation of beneficial ownership of shares in certain cases80 where it appears to the central government that there are good reasons so to do, it may appoint one or more competent persons to investigate and report as to beneficial ownership with regard to any share or class of shares and the provisions of section 187 shall, as far as may be, apply to such investigation as if it were an investigation ordered under that section81 (1) a company may, after giving not less than seven days' previous notice in such manner as may be prescribed, close the register of members or the register of debenture holders or the register of other security holders for any period or periods not exceeding in the aggregate forty-five days in each year, but not exceeding thirty days at any one timepower to close register of members or debenture holders or other security holders(2) if the register of members or of debenture holders or of other security holders is closed without giving the notice as provided in sub-section (1), or after giving shorter notice than that so provided, or for a continuous or an aggregate period in excess of the limits specified in that sub-section, the company and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for every day during which the register is kept closed but not exceeding one lakh rupeesannual return82 (1) every company shall prepare a return (hereinafter referred to as the annualreturn) in the prescribed form containing the particulars as they stood on the close of the financial year regarding—(a) its registered office, principal business activities, particulars of its holding,subsidiary and associate companies;(b) its shares, debentures and other securities and shareholding pattern;(c) its indebtedness; (d) its members and debenture holders along with changes therein since theclose of the last financial year;(e) its promoters, directors, key managerial personnel along with changes thereinsince the close of the last financial year;(f) meetings of members or a class thereof, board and its various committeesalong with attendance details;(g) remuneration of directors and key managerial personnel; (h) penalties imposed on the company, its directors or officers and details ofcompounding of offences;(i) matters related to certification of compliances, disclosures; and (j) such other matters as may be prescribed,and signed both by a director and the company secretary, or where there is no company secretary, by a company secretary in whole-time practice:provided that the annual return, filed by a company having such paid-up capital and turnover as may be prescribed, or a company whose shares are listed on a recognised stock exchange, shall also be signed by a company secretary in whole-time practice certifying that the annual return states the facts correctly and adequately and that the company has complied with all the provisions of this act, in the prescribed form:provided further that in relation to a one person company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by one director of the company(2) an extract of the annual return in such form as may be prescribed shall form part of the board's report(3) every company shall, within thirty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within thirty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, file with the registrar a copy of the annual return with such fee as may be prescribed, or with such additional fee as may be prescribed, within the time as specified, under section 364(4) if a company fails to file its annual return under sub-section (3) before the expiry of the period specified under section 364 with additional fee, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakhs rupees and every officer of the company who is in default shall be punishable with imprisonment for six months or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both(5) where a company secretary in whole-time practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, such company secretary shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees83 (1) the registers required to be kept and maintained by a company under section78 and copies of the annual return filed under section 82 shall be kept at the registered office of the company:place of keeping and inspection of registers, returns, etcprovided that such registers or copies of return may also be kept at any other place in india in which more than one-tenth of the total members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company and the registrar has been given a copy of the proposed special resolution in advance(2) the registers and their indices, except when they are closed under the provisions of this act, and the copies of the returns shall be open for inspection by any member, debenture holder, other security holder or beneficial owner, during business hours without payment of any fee and by any other person on payment of such fee as may be prescribed(3) any such member, debenture holder, other security holder or beneficial owner or any other person may—(a) take extracts from any register, or index or return without payment of any fee; or(b) require a copy of any such register or entries therein or return on payment of such fee as may be prescribed (4) the central government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it(5) if any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day during which the refusal or default continues but not exceeding one lakh rupeesregisters, etc to be evidence84 the registers, their indices and copies of annual returns maintained under sections78 and 83 shall be prima facie evidence of any matter directed or authorised to be inserted therein by or under this actannual general meeting85 (1) every company other than a one person company shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next:provided that in case of the first annual general meeting, it shall be held within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year:provided further that if a company holds its first annual general meeting as aforesaid, it shall not be necessary for the company to hold any annual general meeting in the year of its incorporation or in the following year:provided also that the registrar may, for any special reason, extend the time within which any annual general meeting, other than the first annual general meeting, shall be held, by a period not exceeding three months(2) every annual general meeting shall be called during business hours, that is, between9 am and 6 pm on any day that is not a national holiday and shall be held either at the registered office of the company or at some other place within the city, town or village in which the registered office of the company is situate:provided that the central government may exempt any company from the provisions of this sub-section subject to such conditions as it may imposepower of tribunal to call annual general meeting86 (1) if any default is made in holding the annual general meeting of a company under section 85, the tribunal may, notwithstanding anything contained in this act or the articles of the company, on the application of any member of the company, call, or direct the calling of, an annual general meeting of the company and give such ancillary or consequential directions as the tribunal thinks expedient:provided that such directions may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting(2) a general meeting held in pursuance of sub-section (1) shall, subject to any directions of the tribunal, be deemed to be an annual general meeting of the company under this act87 (1) if for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this act orpower of tribunal to call meetings of members, etcthe articles of the company, the tribunal may, either suo motu or on the application of any director of the company or of any member of the company who would be entitled to vote at the meeting,—(a) order a meeting of the company to be called, held and conducted in such manner as the tribunal thinks fit; and(b) give such ancillary or consequential directions as the tribunal thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting, the operation of the provisions of this act and articles of the company: provided that such directions may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting(2) any meeting called, held and conducted in accordance with any order made under sub-section (1) shall, for all purposes, be deemed to be a meeting of the company duly called, held and conductedpunishment for default in complying with provisions of sections 85 to 8788 if any default is made in holding a meeting of the company in accordance with section 85 or section 86 or section 87 or in complying with any directions of the central government or the tribunal, as the case may be, the company and every officer of the company who is in default shall be punishable with fine which may extend to one lakh rupees and in the case of a continuing default, with a further fine which may extend to five thousand rupees for every day during which such default continues89 (1) the board may on its own whenever it deems fit call an extraordinary general meeting in regard to any mattercalling of extraordinary general meeting(2) the board shall at the requisition made by, —(a) in the case of a company having a share capital, such number of members as hold on the date of the receipt of the requisition, not less than one-tenth of such of the paid-up share capital of the company as on that date carries the right of voting;(b) in the case of a company not having a share capital, such number of members as have on the date of receipt of the requisition, not less than one-tenth of the total voting power of all the members having on the said date a right to vote, call an extraordinary general meeting of the company within the period specified in sub-section (4)(3) the requisition made under sub-section (2) shall set out the matters for the consideration of which the meeting is to be called and shall be signed by the requisitionists and sent to the registered office of the company(4) if the board does not, within twenty-one days from the date of receipt of a valid requisition in regard to any matter, proceed to call a meeting for the consideration of that matter on a day not later than forty-five days from the date of receipt of such requisition, the meeting may be called and held by the requisitionists themselves within a period of three months from the date of the requisition in the manner prescribed(5) the manner in which an extraordinary general meeting shall be called by the board shall, as nearly as may be, apply to the calling of such meeting by the requisitionists under sub-section (4)(6) any reasonable expenses incurred by the requisitionists in calling a meeting under sub-section (4) shall be reimbursed to the requisitionists by the company and the sums so paid shall be deducted from any fee or other remuneration under sub-section (1) of section 175 payable to such of the directors who were in default in calling the meetingnotice of meeting90 (1) a general meeting of a company may be called by giving not less than clear twenty-one days' notice either in writing or through electronic mode in such manner as may be prescribed:provided that a general meeting may be called after giving a shorter notice if consent is given in writing or by electronic mode by not less than ninety-five per cent of the members entitled to vote at such meeting(2) every notice of a meeting shall specify the place, date, day and the hour of the meeting and shall contain a statement of the business to be transacted at such meeting(3) the notice of every meeting of the company shall be given to—(a) every member of the company, legal representative of any deceased member or the assigne of an insolvent member;(b) the auditor or auditors of the company; and (c) every director of the company(4) any accidental omission to give notice to, or the non-receipt of such notice by, any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meetingexplanatory statement to be annexed with notice91 (1) a statement setting out all the material facts concerning each item of special business to be transacted at a general meeting, including, in particular, the nature of the concern or interest, if any, of every director and the manager, if any, and of every other key managerial personnel shall be annexed to the notice calling such meeting(2) for the purposes of sub-section (1), —(a) in the case of an annual general meeting, all business to be transacted thereat shall be deemed special, other than—(i) the consideration of accounts, balance sheet and the reports of the board of directors and auditors;(ii) the declaration of any dividend; (iii) the appointment of directors in place of those retiring; (iv) the appointment of, and the fixing of the remuneration of, the auditors;and (b) in the case of any other meeting, all business shall be deemed to be special:provided that where any item of special business to be transacted at a meeting of the company relates to or affects any other company, the extent of shareholding interest in that other company of every director, manager, if any, and of every other key managerial personnel of the first mentioned company shall, if the extent of such shareholding is not less than two per cent of the paid-up share capital of that company, also be set out in the statement(3) where any item of business refers to any document, which is to be considered at the meeting, the time and place where such document can be inspected shall be specified in the statement under sub-section (1)(4) where as a result of the non-disclosure or insufficient disclosure in any statement referred to in sub-section (1), being made by a director, manager, if any, or other key managerial personnel, any benefit which accrues to such director, manager or other key managerial personnel or his relatives, either directly or indirectly, the director, manager or other key managerial personnel, as the case may be, shall hold such benefit in trust for the company, and shall, without prejudice to any other action being taken against him under this act or under any law for the time being in force, be liable to compensate the company to the extent of the benefit received by him(5) where any default is made in complying with the provisions of this section, every officer of the company who is in default shall be punishable with fine which may extend to fifty thousand rupees or five times the amount of benefit accruing to the director, manager or other key managerial personnel or any of his relatives, whichever is morequorum for meetings92 (1) unless the articles of the company provide for a larger number, five members personally present in the case of public company and two members personally present in the case of a private company, shall be the quorum for a meeting of the company(2) if within half-an-hour from the time appointed for holding a meeting of the company, the quorum is not there,—(a) the meeting shall stand adjourned to the same day in the next week at the same time and place, or to such other date and such other time and place as the board may determine; or(b) the meeting, if called by requisitionists under section 89, shall stand cancelled:provided that in case of an adjournment or of a change of day, time or place of meeting under clause (a), the company shall give not less than three days' notice to the members either individually or by press announcement(3) if at the adjourned meeting also, a quorum is not present within half-an-hour from the time appointed for holding meeting, the members present shall be the quorumchairman of meetings93 (1) unless the articles of the company otherwise provide, the members personally present at the meeting shall elect one of themselves to be the chairman thereof on a show of hands(2) if a poll is demanded on the election of the chairman, it shall be taken forthwith in accordance with the provisions of this act and the chairman elected on a show of hands under sub-section (1) shall continue to be the chairman of the meeting until some other person is elected as chairman as a result of the poll, and such other person shall be chairman for the rest of the meetingproxies94 any member of a company entitled to attend and vote at a meeting of the company shall be entitled to appoint another person as a proxy to attend and vote at the meeting on his behalf in writing or by electronic mode in such manner and subject to such conditions as may be prescribed:provided that a proxy shall not have the right to speak at such meeting and shall not be entitled to vote except on a pollrestriction on voting rights95 (1) notwithstanding anything contained in this act, the articles of a company may provide that no member shall exercise any voting right in respect of any shares registered in his name on which any calls or other sums presently payable by him have not been paid, or in regard to which the company has exercised any right of lien(2) a company shall not, except on the grounds specified in sub-section (1), prohibit any member from exercising his voting right on any other ground(3) on a poll taken at a meeting of a company, a member entitled to more than one vote, or his proxy or other person entitled to vote for him, as the case may be, need not, if he votes, use all his votes or cast in the same way all the votes he usesvoting by show of hands96 (1) at any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded under section 98 or the voting is carried out electronically, be decided on a show of hands(2) a declaration by the chairman of the meeting of the passing of a resolution or otherwise by show of hands under sub-section (1) and an entry to that effect in the books containing the minutes of the meeting of the company shall be conclusive evidence of the fact of passing of such resolution or otherwise97 unless the articles provide otherwise, a member may exercise his vote at a meeting by electronic means in the manner as may be prescribedvoting through electronic means demand for poll98 (1) before or on the declaration of the result of the voting on any resolution on show of hands, a poll may be ordered to be taken by the chairman of the meeting on his own motion, and shall be ordered to be taken by him on a demand made in that behalf,—(a) in the case a company having a share capital, by the members present in person or by proxy and having not less than one-tenth of the total voting power or holding shares on which an aggregate sum of not less than five lakh rupees has been paid up; and(b) in the case of any other company, by any member or members present in person or by proxy and having not less than one-tenth of the total voting power (2) the demand for a poll may be withdrawn at any time by the persons who made the demand(3) a poll demanded for adjournment of the meeting or appointment of chairman of the meeting shall be taken forthwith(4) a poll demanded on any question other than adjournment of the meeting or appointment of chairman shall be taken at such time, not being later than forty-eight hours from the time when the demand was made, as the chairman of the meeting may direct(5) where a poll is to be taken, the chairman of the meeting shall appoint such number of persons, as he deems necessary, to scrutinize the poll process and votes given on the poll and to report thereon to him in the manner as may be prescribed(6) subject to the provisions of this section, the chairman of the meeting shall have power to regulate the manner in which the poll shall be taken(7) the result of the poll shall be deemed to be the decision of the meeting on the resolution on which the poll was takenpostal ballot99 (1) notwithstanding anything contained in this act, a company—(a) shall, in respect of such items of business as the central government may,by notification, declare to be transacted only by means of postal ballot; and(b) may, in respect of any item of business, other than ordinary business andany business in respect of which directors or auditors have a right to be heard at any meeting,transact by means of postal ballot in such manner as may be prescribed, instead of transacting such business at a general meeting(2) if a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf100 (1) a company shall, on requisition in writing of such number of members, as required in section 89,—circulation of members' resolution(a) give notice to members of any resolution which may properly be moved and is intended to be moved at a meeting; and(b) circulate to members any statement with respect to the matters referred to in any proposed resolution or any business to be dealt with at that meeting (2) a company shall not be bound under this section to give notice of any resolution or to circulate any statement unless— (a) a copy of the requisition signed by the requisitionists (or two or more copies which between them contain the signatures of all the requisitionists) is deposited at the registered office of the company,— (i) in the case of a requisition requiring notice of a resolution, not less than six weeks before the meeting; (ii) in the case of any other requisition, not less than two weeks before the meeting; and (b) there is deposited or tendered with the requisition a sum reasonably sufficient to meet the company's expenses in giving effect thereto:provided that if, after a copy of a requisition requiring notice of a resolution has been deposited at the registered office of the company, an annual general meeting is called on a date within six weeks after the copy has been deposited, the copy, although not deposited within the time required by this sub-section, shall be deemed to have been properly deposited for the purposes thereof (3) the company shall not be bound to circulate any statement as required by clause(b) of sub-section (1), if on the application either of the company or of any other person who claims to be aggrieved, the central government, by order, declares that the rights conferred by this section are being abused to secure needless publicity for defamatory matter(4) an order made under sub-section (3) may also direct that the cost incurred by the company by virtue of this section shall be paid to the company by the requisitionists, notwithstanding that they are not parties to the application(5) if any default is made in complying with the provisions of this section, the company and its every officer who is in default shall be liable to a penalty of twenty-five thousand rupees101 (1) the president of india or the governor of a state, if he is a member of a company, may appoint such person as he thinks fit to act as his representative at any meeting of the company or at any meeting of any class of members of the company(2) a person appointed to act under sub-section (1) shall, for the purposes of this act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot, as the president or, as the case may be, the governor could exercise as a member of the company102 (1) a body corporate, whether a company within the meaning of this act or not, may, —representation of corporations at meeting of companies and of creditors(a) if it is a member of a company within the meaning of this act, by resolution of its board of directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the company, or at any meeting of any class of members of the company;(b) if it is a creditor, including a holder of debentures, of a company within the meaning of this act, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this act or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be (2) a person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the companyordinary and special resolutions103 (1) a resolution shall be an ordinary resolution if it is required to be passed by the votes cast, whether on a show of hands, or electronically or on a poll, as the case may be, in favour of the resolution, including the casting vote, if any, of the chairman, by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy or by postal ballot, exceed the votes, if any, cast against the resolution by members, etc, so entitled and voting(2) a resolution shall be a special resolution when—(a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution;(b) the notice required under this act has been duly given; and (c) the votes cast in favour of the resolution, whether on a show of hands, or electronically or on a poll, as the case may be, by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy, are required to be not less than three times the number of the votes, if any, cast against the resolution by members so entitled and votingresolutions requiring special notice104 where, by any provision contained in this act or in the articles, special notice isrequired of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members as may be prescribed and the company shall give its members notice of the resolution in such manner as may be prescribed105 where a resolution is passed at an adjourned meeting of—(a) a company,resolutions passed at adjourned meeting(b) the holders of any class of shares in a company, or (c) the board of directors of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier dateresolutions and agreements to be filed106 (1) a copy of every resolution or any agreement, in respect of such matters asmay be prescribed, together with the explanatory statement under section 91, if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with theregistrar within thirty days of the passing or making thereof in the manner as may be prescribed, with such fee as may be prescribed or with such additional fee as may be prescribed within the time specified, under section 364(2) if a company fails to file the resolution or the agreement under sub-section (1)before the expiry of the period specified under section 364 with additional fee, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty five lakh rupees and every officer who is in default, including liquidator of the company, if any, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both107 (1) every company shall cause to be prepared, signed and kept minutes of the proceedings of every general meeting, including any meeting called by the requisitionists under section 89, and of proceedings of every meeting of any class of shareholders or creditors, and every resolution passed by postal ballot and every meeting of its board of directors or of every committee of the board, within such time and in such manner as may be prescribedminutes of proceedings of general meetings, meeting of board of directors and other meeting and resolutions passed by postal ballot(2) the minutes of each meeting shall contain a fair and correct summary of the proceedings thereat(3) all appointments of officers made at any of the meetings aforesaid shall be included in the minutes of the meeting(4) in the case of a meeting of the board of directors or of a committee of the board, the minutes shall also contain —(a) the names of the directors present at the meeting; and (b) in the case of each resolution passed at the meeting, the names of thedirectors, if any, dissenting from, or not concurring with the resolution(5) there shall not be included in the minutes, any matter which, in the opinion of the chairman of the meeting,—(a) is or could reasonably be regarded as defamatory of any person; (b) is irrelevant or immaterial to the proceedings; or (c) is detrimental to the interests of the company(6) the chairman shall exercise an absolute discretion in regard to the inclusion or non-inclusion of any matter in the minutes on the grounds specified in sub-section (5)(7) minutes kept in accordance with the provisions of this section shall be evidence of the proceedings recorded therein(8) where minutes have been kept in accordance with sub-section (1) and the rules made thereunder, then, until the contrary is proved, the meeting shall be deemed to have been duly called and held, and all proceedings thereat to have duly taken place, and the resolutions passed by postal ballot to have been duly passed and in particular, all appointments of directors, key managerial personnel, auditors or company secretary in practice, shall be deemed to be valid(9) no document purporting to be a report of the proceedings of any general meeting of a company shall be circulated or advertised at the expense of the company, unless it includes the matters required by this section to be contained in the minutes of the proceedings of such meeting(10) every company shall observe such secretarial standards as may be prescribed with respect to general and board meetings(11) if any default is made in complying with the provisions of this section and the rules made thereunder in respect of any meeting, the company shall be liable to a penalty of twenty five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees108 (1) the books containing the minutes of the proceedings of any general meeting of a company, shall—inspection of minute-books of general meeting(a) be kept at the registered office of the company, and (b) be open, during business hours, to the inspection by any member without charge, subject to such reasonable restrictions as the company may, by its articles or in general meeting, impose, so, however, that not less than two hours in each business day are allowed for inspection (2) any member shall be entitled to be furnished, within seven working days after he has made a request in that behalf to the company, and on payment of such fees as may be prescribed, with a copy of any minutes referred to in sub-section (1)(3) if any inspection under sub-section (1) is refused, or if any copy required under sub-section (2) is not furnished within the time specified therein, the company shall be liable to a penalty of twenty five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for each such refusal or default, as the case may be(4) in the case of any such refusal or default, the central government may, without prejudice to any action being taken under sub-section (3), by order, direct an immediate inspection of the minute-books or direct that the copy required shall forthwith be sent to the person requiring itreport on general meeting109 (1) every listed public company shall prepare in the prescribed manner a report on each annual general meeting including the confirmation to the effect that the meeting was convened, held and conducted as per the provisions of this act and the rules made thereunder(2) the company shall file with the registrar a copy of the report referred to in subsection (1) within thirty days of the conclusion of the annual general meeting with such fee as may be prescribed, or with such additional fee as may be prescribed, within the time as specified, under section 364(3) if the company fails to file the report under sub-section (2) before the expiry of the period specified under section 364 with additional fee, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty five thousand rupees but which may extend to one lakh rupees chapter viii declaration and payment of dividenddeclaration of dividend110 (1) no dividend shall be declared or paid by a company for any financial year except—(a) out of the profits of the company for that year arrived at after providing for depreciation in accordance with the provisions of sub-section (2), or out of the profits of the company for any previous financial year or years arrived at after providing for depreciation in accordance with the provisions of that sub-section and remaining undistributed, or out of both; or(b) out of money provided by the central government or a state government for the payment of dividend in pursuance of a guarantee given by that government: provided that a company may, before the declaration of any dividend in any financial year, transfer such percentage of its profits for that financial year as it may consider appropriate to the reserves of the company:provided further that if owing to inadequacy or absence of profits in any financial year, the company proposes to declare dividend out of the accumulated profits earned by it in the previous financial year or years and transferred by it to the reserves, such declaration shall be made by a resolution passed at a meeting of the board with the consent of all the directors and the approval of the financial institutions whose term loans are subsisting, and thereafter in accordance with a special resolution passed by the shareholders at an annual general meeting(2) for the purposes of clause (a) of sub-section (1), depreciation shall be provided in any one of the following manners, namely:—(a) the amount of depreciation on assets as shown by the books of the company at the end of each financial year at the rate prescribed in the rules made in this behalf;(b) as regards any other depreciable asset for which no rate of depreciation has been laid down under this act, on such basis as may be approved by the central government by any general order published in the official gazette or by a special order in any particular case: provided that if any asset is sold, discarded, demolished or destroyed for any reason before depreciation of such asset has been provided for in full, the excess, if any, of the written down value of such asset over its sale proceeds or, as the case may be, its scrap value, shall be written off in the financial year in which the asset is sold, discarded, demolished or destroyed(3) the board of directors of a company may declare interim dividend during any financial year out of the profits of the company for part of the year(4) the amount of the dividend, including interim dividend, shall be deposited in a scheduled bank in a separate account within five days from the date of declaration of such dividend(5) no dividend shall be paid by a company in respect of any share therein except to the registered shareholder of such share or to his order or to his banker and shall not be payable except in cash:provided that nothing in this sub-section shall be deemed to prohibit the capitalisation of profits or reserves of a company for the purpose of issuing fully paid-up bonus shares or paying up any amount for the time being unpaid on any shares held by the members of the company:provided further that any dividend payable in cash may be made by cheque or warrant or in any electronic mode to the shareholder entitled to the payment of the dividend(6) a company which fails to comply with the provisions of section 67 shall not, so long as such failure continues, declare any dividend on its equity sharesunpaid dividend account111 (1) where a dividend has been declared by a company but has not been paid or claimed within thirty days from the date of the declaration to any shareholder entitled to the payment of the dividend, the company shall, within seven days from the date of expiry of the said period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed to a special account to be opened by the company in that behalf in any scheduled bank to be called the unpaid dividend account(2) if any default is made in transferring the total amount referred to in sub-section (1)or any part thereof to the unpaid dividend account of the company, it shall pay, from the date of such default, interest on so much of the amount as has not been transferred to the said account, at the rate of twelve per cent per annum and the interest accruing on such amount shall enure to the benefit of the members of the company in proportion to the amount remaining unpaid to them(3) any person claiming to be entitled to any money transferred under sub-section (1)to the unpaid dividend account of the company may apply to the company for payment of the money claimed(4) any money transferred to the unpaid dividend account of a company in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the company to the fund established under subsection (1) of section 112 and the company shall send a statement in the prescribed form of the details of such transfer to the authority or committee which administers the said fund and that authority or committee shall issue a receipt to the company as evidence of such transfer(5) if a company fails to comply with any of the requirements of this section, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty five lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than one lakh rupees which may extend to five lakh rupees112 (1) the central government shall establish a fund to be called the investor education and protection fund (hereinafter in this section referred to as the fund) (2) there shall be credited to the fund –investor education and protection fund(a) the amount given by the central government by way of grants after due appropriation made by parliament by law in this behalf for being utilised for the purposes of the fund;(b) donations given to the fund by the central government, state governments, companies or any other institution for the purposes of the fund;(c) the amount in the unpaid dividend accounts of companies transferred to the fund under sub-section (4) of section 111;21 of 19991 of 1956(d) the amount in the general revenue account of the central government which had been transferred to that account under sub-section (5) of section 205a of the companies act, 1956, as it stood immediately before the commencement of the companies (amendment) act, 1999, and remaining unpaid or unclaimed on the commencement of this act;(e) the amount lying in the investor education and protection fund under section 205(c) of the companies act, 1956;(f) the interest or other income received out of investments made from the fund;(g) the amount received under sub-section (4) of section 33; and(h) such other amount as may be prescribed(3) the fund shall be utilised for the refund in respect of unclaimed dividends, the application monies due for refund and interest thereon, and promotion of investors' education, awareness and protection in accordance with such rules as may be prescribed(4) the central government shall constitute, by notification, an authority consisting of a chairperson, such number of members, not exceeding seven, as the central government may appoint and an administrator (who shall be the chief executive officer)(5) the authority shall administer the fund and maintain separate accounts and other relevant records in relation to the fund in such form as may be prescribed after consultation with the comptroller and auditor-general of india (hereinafter referred to as the comptroller and auditor-general)(6) it shall be competent for the authority constituted under sub-section (4) to spend money out of the fund for carrying out the objects for which the fund is established(7) the accounts of the fund shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and such accounts as certified by the comptroller and auditor-general together with the audit report thereon shall be forwarded annually to the central government by the authority(8) the authority shall prepare in such form and at such time for each financial year as may be prescribed its annual report giving a full account of its activities during the financial year and forward a copy thereof to the central government and the central government shall cause the annual report and the audit report given by the comptroller and auditor-general to be laid before each house of parliament(9) any person claiming to be entitled to the amount referred in clauses (c) and (d) of sub-section (1) may apply to the authority for payment of the money claimed113 the amount lying in the investor education and protection fund established under section 205c of the companies act, 1956 shall stand credited to the investor education and protection fund established under sub-section (1) of section 1121 of 1956amount lying in previousfund to become part of fund under this act114 where any instrument of transfer of shares has been delivered to any company for registration and the transfer of such shares has not been registered by the company, it shall, notwithstanding anything contained in any other provision of this act,—(a) transfer the dividend in relation to such shares to the unpaid dividendaccount referred to in section 111 unless the company is authorised by the registered holder of such shares in writing to pay such dividend to the transferee specified in such instrument of transfer; andright to dividend, rights shares and bonus shares to be held in abeyance pending registration of transfer ofshares(b) keep in abeyance in relation to such shares, any offer of rights shares under clause (a) of sub-section (1) of section 56 and any issue of fully paid-up bonus shares in pursuance of first proviso to sub-section (5) of section 110punishment for failure to distribute dividends within thirty days115 where a dividend has been declared by a company but has not been paid or the warrant in respect thereof has not been posted within thirty days from the date of declaration to any shareholder entitled to the payment of the dividend, every director of the company shall, if he is knowingly a party to the default, be punishable with imprisonment which may extend to two years and with fine which shall not be less than one thousand rupees for every day during which such default continues and the company shall be liable to pay simple interest at the rate of eighteen per cent per annum during the period for which such default continues:provided that no offence shall be deemed to have been committed in the following cases, namely:—(a) where the dividend could not be paid by reason of the operation of any law; (b) where a shareholder has given directions to the company regarding the payment of the dividend and those directions cannot be complied with;(c) where there is a dispute regarding the right to receive the dividend; (d) where the dividend has been lawfully adjusted by the company against any sum due to it from the shareholder; or(e) where, for any other reason, the failure to pay the dividend or to post the warrant within the period under this section was not due to any default on the part of the company chapter ix accounts of companies| books ||---------------|| accounts, || etc || , || to be kept by || company |116 (1) every company shall prepare and keep at its registered office books of accounts and other relevant books and papers which give a true and fair view of the state of the affairs of the company, including that of its branch office or offices, if any, and explain the transactions effected both at the registered office and its branches and such books shall be kept on accrual basis and according to the double entry system of accounting:provided that all or any of the books of accounts aforesaid and other relevant papers may be kept at such other place in india as the board of directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the registrar a notice in writing giving the full address of that other place:provided further that the company may keep such books of accounts or other relevant papers in electronic mode in such manner as may be prescribed(2) where a company has a branch office within india or outside, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of accounts relating to the transactions effected at the branch office are kept at that office and proper summarised returns periodically are sent by the branch office to the company at its registered office or the other place referred to in sub-section (1)(3) the books of accounts and other books and papers maintained by the company within india shall be open for inspection at the registered office of the company or at such other place in india by any director during business hours, and in the case of financial information, if any, maintained outside the country, copies of such financial information shall be maintained and produced for inspection by any director subject to such conditions as may be prescribed:provided that the inspection in respect of any subsidiary of the company shall be done only by any person authorised in this behalf by a resolution of the board of directors(4) where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give(5) the books of accounts of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years together with the vouchers relevant to any entry in such books of accounts shall be kept in good order:provided that where an investigation has been ordered in respect of the company under section 183 or section 184, the central government may direct that the books of accounts may be kept for such longer period as it may deem fit(6) where any company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the chief financial officer or any other person charged by the board with the duty of complying with the requirements of this section shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with bothfinancial statement117 (1) the financial statement shall give a true and fair view of the state of affairs ofthe company or companies as at the end of the financial year, comply with the accounting standards notified under section 119 and shall be in such form as may be prescribed(2) at every annual general meeting of a company held in pursuance of section 85, the board of directors of the company shall lay before such meeting a financial statement for the financial year(3) where a company has one or more subsidiaries, it shall prepare a consolidated financial statement of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2)(4) where the financial statements of a company do not comply with the accounting standards referred to in sub-section (1), the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation(5) the central government may, on its own or on an application by a class or classes of companies, by notification, exempt any class or classes of companies from complying with any of the requirements of this section or the rules made thereunder, if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification(6) where any company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the chief financial officer or any other person charged by the board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with bothexplanation—for the purposes of this section, except where the context otherwise requires, any reference to the financial statement shall include any notes or documents annexed or attached thereto, giving information required to be given by this act and allowed by this act to be given in the form of such notes or documents118 (1) the central government may, by notification, constitute an advisory committee to be called the national advisory committee on accounting and auditing standards (hereinafter referred to as the advisory committee) to advise the central government on the formulation and laying down of accounting and auditing policies and standards for adoption by companies or class of companies or their auditors, as the case may beconstitution of national advisory committee on accounting and auditing standards (2) the advisory committee shall consist of the following members, namely:—(a) a chairperson who shall be a person of eminence and well versed in accountancy, finance, business administration, business law, economics or similar disciplines, to be nominated by the central government;(b) one representative of the central government to be nominated by it;54 of 1963(c) the chairman of the central board of direct taxes constituted under thecentral boards of revenue act, 1963 or his nominee;(d) one representative of the reserve bank of india to be nominated by it; (e) one representative of the securities and exchange board to be nominatedby it;(f) one representative of the comptroller and auditor-general of india to benominated by him;38 of 194923 of 195956 of 1980(g) one member each to be nominated by the institute of chartered accountantsof india constituted under the chartered accountants act, 1949, the institute of cost and works accountants of india constituted under the cost and works accountantsact, 1959 and the institute of company secretaries of india constituted under the company secretaries act, 1980;(h) a person who is or has been a professor in accountancy, finance or businessmanagement in any university or deemed university to be nominated by the central government; and(i) two representatives of the chambers of commerce and industry, to be nominated by the central government (3) the members of the advisory committee nominated by the central government shall hold office for such term as may be determined by it at the time of their appointment and any vacancy in the membership of the committee shall be filled by the central government in the same manner as that for the member in whose vacancy it is proposed to be filled (4) the members of the advisory committee shall be entitled to such fees, traveling, conveyance and other allowances as may be prescribed (5) the advisory committee shall, after consulting the institute of chartered accountants of india, submit its recommendations to the central government on matters relating to accounting and auditing policies and standards for adoption by companies or class of companies or their auditors, as the case may be119 the central government may, after consultation with the advisory committee, by notification, lay down accounting standards for adoption by companies or class of companiescentral government to notify accounting standards financial statement, board's report, etc120 (1) the financial statement, including consolidated financial statement, if any, shall be approved by the board of directors before they are signed on behalf of the board at least by the chairman where he is authorised by the board or by two directors out of which one shall be managing director or chief executive officer, or, in the case of a one person company, only by one director, for submission to the auditor for his report thereon:provided that such financial statements shall be authenticated in such manner as may be prescribed(2) the auditors' report shall be attached to every financial statement (3) there shall be annexed to every financial statement laid before a company in general meeting, a report by its board of directors, which shall include—(a) the extract of the annual return as provided under sub-section (2) of section 82, (b) number of meetings of the board, (c) directors' responsibility statement, (d) declaration by independent directors where they are required to be appointed under sub-section (3) of section 132,(e) report of the committee on directors' remuneration, (f) explanations or comments by the board on every qualification, reservation or adverse remark made by the auditor in his report,(g) particulars of loans, guarantees or investments under sub-section (2) of section 164, and(h) particulars of contracts or arrangements under sub-section (1) of section 166(4) the directors' responsibility statement referred to in sub-section (3) shall state that-(a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures;(b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period;(c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this act for safeguarding the assets of the company and for preventing and detecting fraud and other irregularities;(d) the directors had prepared the annual accounts on a going concern basis;and(e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls have been complied with (5) the board's report and any annexures thereto under sub-section (3) shall be signed by its chairman if he is authorised by the board and where he is not so authorised, shall be signed by at least two directors, one of whom shall be a managing director, or by the director where there is one director(6) a signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published along with a copy each of –(a) any notes or documents which are required to be attached to the financial statement in pursuance of section 117,(b) the auditors report, and (c) the board's report referred to in sub-section (3)(7) where a company fails to comply with the provisions of this section, it shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees, or with both| right | of ||-----------------|------|| member | to || copies | of || audited balance | || sheet | |121 (1) a copy of the financial statement, auditor's report and every other document required by law to be annexed or attached to the financial statement, which are to be laid before a company in its general meeting, shall be sent to every member of the company, to every trustee for the debenture holder of any debentures issued by the company, and to all the persons other than such member or trustee, being the person so entitled, twenty-one days before the date of the meeting:provided that the central government may prescribe the manner of circulation of financial statements of companies having such net worth and turnover as may be prescribed(2) a company shall allow every member or trustee of the holder of any debentures issued by the company to inspect the documents stated under sub-section (1) at its registered office during business hours(3) if any default is made in complying with the provisions of this section, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupeescopy of financial statement to be filed with registrar122 (1) a copy of the financial statement along with all the documents which are required to be annexed or attached to such financial statement under this act, duly adopted at the annual general meeting of the company, shall be filed with the registrar within thirty days of the date of annual general meeting in such manner, with such fee or additional fee as may be prescribed within the time specified under section 364:provided that where the financial statement under sub-section (1) is not adopted at annual general meeting or adjourned annual general meeting, such unadopted financial statement along with the required documents under sub-section (1) shall be filed with the registrar within thirty days of the date of annual general meeting and the registrar shall take them in his records as provisional till the financial statement is filed with him after their adoption in the adjourned annual general meeting for that purpose:provided further that financial statement adopted in the adjourned annual general meeting shall be filed with the registrar within thirty days of the date of such adjourned annual general meeting with such fee or such additional fee as may be prescribed within the time specified under section 364(2) where the annual general meeting of a company for any year has not been held, the financial statement along with the documents required to be annexed or attached under sub-section (1), duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the registrar within thirty days of the last date before which the annual general meeting should have been held and in such manner, with such fee or additional fee as may be prescribed within the time specified, under section 364(3) if a company fails to file the copy of the financial statement under sub-section (1)or sub-section (2), as the case may be, before the expiry of the period specified in section364, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees, and the managing director or the managing director and the chief financial officer, if any, and, in the absence of the managing director and the chief financial officer, any other director who is charged by the board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both chapter x audit and auditorsappointment of auditors123 (1) subject to the provisions of this chapter, every company shall, at each annual general meeting, appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of the next annual general meeting:provided that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from him or it that the appointment, if made, will be in accordance with the conditions as may be prescribed, shall be obtained from the auditor:provided further that the company shall inform the auditor concerned of his appointment, and also file a notice of such appointment with the registrar within fifteen days of the meeting in which the auditor is appointedexplanation-—for the purposes of this chapter, "appointment" includes reappointment(2) notwithstanding anything contained in sub-section (1), in the case of a government company or any other company owned and controlled, directly or indirectly, by the central government, or by any state government or governments, or partly by the central government and partly by one or more state governments, the comptroller and auditor- general of india shall, in respect of a financial year, appoint an auditor duly qualified to be appointed as an auditor of companies under this act, within a period of one hundred and eighty days from the commencement of the financial year, who shall hold office till the adoption of accounts of that financial year(3) notwithstanding anything contained in sub-section (1), the first auditor of a company, other than a government company, shall be appointed by the board of directors within thirty days from the date of registration of the company and in the case of failure of the board to appoint such auditor, it shall inform the members of the company, who shall at an extraordinary general meeting appoint such auditor the said auditor shall hold office till the conclusion of the first annual general meeting(4) notwithstanding anything contained in sub-section (1) or sub-section (2), in the case of a government company, the first auditor shall be appointed by the comptroller and auditor-general of india within thirty days from the date of registration of the company and in case the comptroller and auditor-general of india does not appoint such auditor within the said period, the board of directors of the company shall appoint such auditor within next thirty days in the case of failure of the board to appoint such auditor within next thirty days, it shall inform the central government or the state government concerned and the central government or the state government concerned, as the case may be, shall appoint such auditor, who shall hold office till the appointment of an auditor under sub-section (2)(5) any casual vacancy in the office of an auditor shall,—(i) in the case of a company other than a company whose accounts are subject to audit by an auditor appointed by the comptroller and auditor-general of india, be filled by the board of directors, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the company at a general meeting convened within three months of the approval of the board;(ii) in case of a company whose accounts are subject to audit by an auditor appointed by the comptroller and auditor-general of india, be filled within thirty days, failing which by the board (6) subject to the provisions of sub-section (1) and the rules made thereunder, a retiring auditor may be re-appointed at an annual general meeting, if—(a) he is not disqualified for re-appointment; (b) he has not given the company a notice in writing of his unwillingness to be re-appointed; and(c) a special resolution has not been passed at that meeting appointing some other auditor or providing expressly that he shall not be re-appointed (7) where at any annual general meeting, no auditor is appointed or re-appointed, the existing auditor shall continue to be the auditor of the company(8) where the company constitutes an audit committee as required under section 158, all appointments, including the filling of a casual vacancy of an auditor under this section shall be made after taking into account the recommendations of such committee(9) the auditor appointed under this section may be removed from his office before the expiry of his term only by a special resolution of the company:provided that before taking any action under this sub-section, the auditor concerned shall be given a reasonable opportunity of being heard(10) without prejudice to any action under the provisions of this act or any other law for the time being in force, the tribunal, if it is satisfied that the auditor of a company has acted in a fraudulent manner or abetted or colluded in any fraud by, or in relation to, the company or its directors or officers, it may, by order, direct the company to change its auditors124 (1) a person shall be eligible for appointment as an auditor of a company only if he is a chartered accountant in practiceeligibility, qualifications and disqualifications of auditors(2) where a firm is appointed as an auditor of a company, only the partners who are chartered accountants in practice shall be authorised by the firm to act and sign on behalf of the firm(3) none of the following persons shall be eligible for appointment as an auditor of a company, namely:—(a) a body corporate; (b) an officer or employee of the company; (c) a person who is a partner, or who is in the employment, of an officer or employee of the company;(d) a person who, or his relative or partner—(i) is holding any security of the company or its subsidiary, or of its holding or associate company or a subsidiary of such holding company, of value in terms of such percentage as may be prescribed;(ii) is indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company; or(iii) has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, for such amount as may be prescribed; (e) a person or a firm who has business relationship with the company, or its subsidiary, or its holding or associate company or subsidiary of such holding company or associate company of such nature as may be prescribed;(f) a person whose relative is in the employment of the company as a director or key managerial personnel;(g) a person who is in employment elsewhere or a person or firm who holds appointment as an auditor in companies exceeding such number as may be prescribed on the date of his appointment(4) where a person appointed as an auditor of a company incurs any of the disqualifications mentioned in sub-section (3) after his appointment, he shall vacate his office as such auditor and such vacation shall be deemed to be a casual vacancy in the office of the auditorremuneration of auditors125 (1) the remuneration of the auditor of a company shall be fixed in its generalmeeting or in such manner as may be determined therein(2) the "remuneration" under sub-section (1) in addition to the fee payable to an auditor, include the expenses, if any, incurred by the auditor in connection with the audit of the company and anything given to him otherwise than in cash, but does not include any remuneration paid to him for any other service rendered by him at the request of the companypowers andduties ofauditors and auditing standards126 (1) every auditor of a company shall have a right of access at all times to the books of account and vouchers of the company, whether kept at the registered office of the company or at any other place in india, and shall be entitled to require from the officers of the company such information and explanation as he may consider necessary for the performance of his duties as auditor and shall inquire into such matters as may be prescribed:provided that the auditor of a company which is a holding company shall also have the right of access to the records of all its subsidiaries in so far as it relates to the consolidation of its financial statement with that of its subsidiaries(2) the auditor shall make a report to the members of the company on the accounts examined by him and on every financial statement or other document which are required by or under this act to be laid before the company in general meeting and the report shall after taking into account the provisions of this act, the accounting and auditing standards and matters which are required to be included in the audit report under the provisions of this act or any rules made thereunder or under any order made under sub-section (11) and to the best of his information and knowledge, the said accounts, financial statement or other document give a true and fair view of the state of the company's affairs as at the end of its financial year and such other matters as may be prescribed(3) the auditor's report shall also state—(a) whether he has obtained all the information and explanations which to the best of his knowledge and belief were necessary for the purpose of his audit;(b) whether, in his opinion, proper books of account as required by law have been kept by the company so far as appears from his examination of those books and proper returns adequate for the purposes of his audit have been received from branches not visited by him;(c) whether the report on the accounts of any branch office of the company audited under sub-section (8) by a person other than the company auditor has been sent to him under the proviso to that sub-section and the manner in which he has dealt with it in preparing his report;(d) whether the company's balance sheet and profit and loss account dealt with in the report are in agreement with the books of account and returns;(e) whether, in his opinion, the financial statements comply with the accounting standards and the auditing standards;(f) the observations or comments of the auditors which have any adverse effect on the functioning of the company;(g) whether any director is disqualified from being appointed as a director under sub-section (2) of section 145;(h) any qualification, reservation or adverse remark relating to the maintenance of accounts and other matters connected therewith;(i) in case of listed companies, whether the company has complied with the internal financial controls and directions issued by the board; and(j) such other matters as may be prescribed(4) where any of the matters required to be included in the audit report under this section is answered in the negative or with a qualification, the report shall state the reasons therefor(5) in the case of a government company, the auditor appointed by the comptroller and auditor-general of india under sub-section (2) of section 123 shall submit a copy of his audit report to the comptroller and auditor-general of india which shall, among other things, include the directions, if any, issued by the comptroller and auditor-general of india in respect of the accounting standards, the variance, if any, from the accounting standards notified by the government, the action taken on such directions and the impact thereof on the company's accounts(6) the comptroller and auditor-general of india shall within sixty days from the date of receipt of the audit report under sub-section (5) have a right to—(a) comment upon or supplement such audit report, and (b) conduct any supplementary audit of the company's accounts by himself orby such person or persons as he may authorise in this behalf and such person or persons shall have the same rights and obligations as the auditor who has submitted the report:provided that any comments given by the comptroller and auditor-general on the report of the supplementary audit conducted by him shall be placed before the annual general meeting of the company at the same time and in the same manner as the audit report56 of 1971(7) without prejudice to the provisions of this chapter, the comptroller and auditor-general of india may, in case of any company covered under sub-section (2) of section 123, if he so deems necessary, by an order, cause test audit to be conducted of the accounts of such company the provisions of section 19a of the comptroller and auditor-general's (duties, powers and conditions of service) act, 1971, shall apply to the report of such test audit(8) where a company has a branch office, the accounts of that office shall be audited either by the auditor appointed for the company (hereinafter in this section referred to as the company's auditor) under this act or by any other person qualified for appointment as an auditor of the company under this act and appointed as such under section 123, or where the branch office is situated in a country outside india, the accounts of the branch office shall be audited either by the company's auditor or by an accountant or by other person duly qualified to act as an auditor of the accounts of the branch office in accordance with the laws of that country and the duties and powers of the company's auditor with reference to the audit of the branch and the branch auditor, if any, shall be such as may be prescribed:provided that the branch auditor shall prepare a report on the accounts of the branch examined by him and send it to the auditor of the company who shall deal with it in his report in such manner as he considers necessary(9) every auditor shall comply with the auditing standards (10) the central government may, after consultation with the national advisory committee on accounting and auditing standards, by notification, lay down auditing standards:provided that until any auditing standards are notified, any standard or standards of auditing specified by the institute of chartered accountants of india shall be deemed to be the auditing standards(11) the central government may, after consultation with the advisory committee, by general or special order, direct, in respect of such class or description of companies, as may be specified in the order, that the auditor's report shall also include a statement on such matters as may be specified thereinauditor not to render certain services127 an auditor appointed under this act shall provide the company only such otherservices as are approved by the board of directors or the audit committee, as the case may be, but which shall not include any of the following services, namely:—(a) accounting and book keeping services; (b) internal audit; (c) design and implementation of any financial information system; (d) actuarial services; (e) investment advisory services; (f) investment banking services; (g) rendering of outsourced financial services; and (h) management services| auditor | to ||------------------------------------------------------------------------------------------------|-------|| sign | audit || reports, etc | || 128 | || only the person appointed as an auditor of the company shall sign the auditor's | || report or sign or certify any other document of the company, and the auditor's report shall | || be read before the company in general meeting and shall be open to inspection by any | || member of the company | || auditors to | || attend general | || meeting | || 129 | || all notices of, and other communications relating to, any general meeting shall | || be forwarded to the auditor of the company, and the auditor shall, unless otherwise exempted | || by the company, attend either by himself or through his authorised representative, who | || shall also be qualified to be an auditor, any general meeting and shall have right to be heard | || at such meeting on any part of the business which concerns him as the auditor | || punishment | || for | || contravention | || 130 | || ( | || 1 | || ) where any of the provisions of sections 123 to 129 is contravened, the | || company shall be punishable with fine which shall not be less than twenty-five thousand | || rupees but which may extend to five lakh rupees and any officer who is in default shall be | || punishable with imprisonment for a term which may extend to one year or with fine which | || shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with | || both | |(2) where an auditor of a company contravenes any of the provisions of section 126or section 127 or section 128 he shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees:provided that where it is proved that an auditor has knowingly or wilfully contravened any of the provisions of the aforesaid sections, he shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees, or with both(3) where an auditor has been convicted under sub-section (2), he shall be liable to—(i) refund the remuneration received by him to the company; and (ii) pay for damages to the company or to any other persons for loss arising out of incorrect or misleading statements of particulars made in his audit report131 (1) notwithstanding anything contained in this chapter, the central government may, by order, in respect of such class of companies engaged in the production, processing, manufacturing, mining or infrastructural activities, as may be specified therein, direct that particulars relating to the utilisation of material or labour or to such other items of cost as may be prescribed shall also be included in the books of account kept by such class of companies:central government to specify audit of items of cost in respect of certain companiesprovided that the central government shall, before issuing such order in respect of any class of companies regulated under a special act, consult the regulatory body constituted or established under such special act(2) if the central government is of the opinion, in relation to any company covered by an order under sub-section (1), that it is necessary to do so, it may, by order, direct that the audit of cost records of such company shall be conducted in the manner specified therein(3) where a company includes the particulars relating to items of cost in the books of account in pursuance of a resolution passed by the company, the audit of cost records as contained in the books of account of the company shall be conducted by a cost accountant in practice who shall be appointed by the board on such remuneration as may be determined by the members in such manner as may be prescribed:provided that no person appointed under section 123 as an auditor of the company shall be appointed for conducting the audit of cost records(4) an audit conducted under this section shall be in addition to the audit conducted under section 126(5) the qualifications, disqualifications, rights, duties and obligations applicable to auditors under this chapter shall, so far as may be applicable, apply to a cost auditor appointed under this section and it shall be the duty of the company to give all assistance and facilities to the cost auditor appointed under this section for auditing the cost records of the company:provided that the report on the audit of cost records shall be submitted by the cost accountant in practice to the board of directors of the company(6) a company shall within thirty days from the date of receipt of a copy of the cost audit report prepared in pursuance of a direction under sub-section (2) furnish the central government with such report along with full information and explanation on every reservation or qualification contained therein(7) if, after considering the cost audit report referred to under this section and the information and explanation furnished by the company under sub-section (6), the central government is of opinion that any further information or explanation is necessary, it may call for such further information and explanation and the company shall furnish the same within such time as may be specified by that government(8) where any default is made in complying with the provisions of this section,—(a) the company and every officer who is in default shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees;(b) the cost auditor who is in default shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees chapter xi appointment and qualifications of directors132 (1) every company shall have a board of directors consisting of only individuals as directors and shall have —company to have board of directors(a) a minimum number of three directors in the case of a public company, two directors in the case of a private company, and one director in the case of a one person company; and(b) a maximum of twelve directors, excluding the directors nominated by the lending institutions (2) one of the directors shall at least be a person ordinarily resident in indiaexplanation—for the purposes of this sub-section, "ordinarily resident in india"means a person who stays in india for a total period of not less than one hundred and eighty-two days in a calendar year(3) every listed public company having such amount of paid-up share capital as may be prescribed shall have at the least one-third of the total number of directors as independent directors the central government may prescribe the minimum number of independent directors in case of other public companies and subsidiaries of any public companyexplanation—for the purposes of this sub-section, any fraction contained in such one-third number shall be rounded off as one(4) every company existing on or before the commencement of this act shall comply with the requirements of the provisions of sub-section (3) within one year from the date of commencement of this act(5) "independent director", in relation to a company, means a non-executive director of the company, other than a nominee director,—(a) who, in the opinion of the board, is a person of integrity and possesses relevant expertise and experience;(b) who, neither himself nor any of his relatives—(i)has or had any pecuniary relationship or transaction with the company, its holding, subsidiary or associate company, or its promoters, or directors amounting to ten per cent or more of its gross turnover or total income during the two immediately preceding financial years or during the current financial year;(ii) holds or has held any senior management position, position of a key managerial personnel or is or had been employee of the company in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed;(iii) is or has been an employee or a partner, in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed, of—(a) a firm of auditors or company secretaries in practice or cost auditors of the company or its holding, subsidiary or associate company;or(b) any legal or a consulting firm that has or had any transaction with the company, its holding, subsidiary or associate company amounting to ten per cent or more of the gross turnover of such firm; (iv) holds together with his relatives two per cent or more of the total voting power of the company; or(v) is a chief executive or director, by whatever name called, of any nonprofit organisation that receives twenty-five per cent or more of its income from the company, any of its promoters, directors or its holding, subsidiary or associate company or that holds two per cent or more of the total voting power of the company; or (c) who possesses such other qualifications as may be prescribedexplanation—for the purposes of this section, "nominee director" means a director nominated by any institution in pursuance of the provisions of any law for the time being in force, or of any agreement, or appointed by any government, to represent its shareholding(6) an independent director shall not be entitled to any remuneration, other than sitting fee, reimbursement of expenses for participation in the board and other meetings and profit-related commission and stock options as may be approved by the members133 (1) where no provision is made in the articles of a company for the appointment of the first directors, the subscribers to the memorandum who are individuals shall be deemed to be the first directors of the company until the directors are duly appointed in accordance with the provisions of this section(2) save as otherwise expressly provided in this act, every director shall be appointed by the company in general meeting(3) no person shall be appointed as a director of a company unless he has been allotted the director identification number (din) under section 135:provided that a person may be appointed as a director, if an application for the allotment of a din has been made to the central government under section 134 and the same is pending with the central government and he may hold the office of a director till such time that person is allotted din(4) every person proposed to be appointed as a director by the company in general meeting or otherwise, shall furnish his director identification number and a declaration that he is not disqualified to become a director under this act(5) a person appointed as a director shall not act as a director unless he gives his consent to hold the office as such director and such consent shall be filed with the registrar within such time and in such manner as may be prescribed:provided that in the case of appointment of an independent director, the board shall also give a report in the general meeting that in its opinion he fulfils the conditions specified in this act for such an appointment(6) unless the articles provide for the retirement of all the directors at every annual general meeting, not exceeding one-third of the total number of directors of a public company shall be liable to retire, and out of the remaining, one-third shall retire by rotation at every annual general meeting in accordance with such procedure and principles as may be prescribed and such retiring directors shall be entitled to be re-appointed(7) where a company fails to re-appoint a retiring director or to appoint any person as a director in place of the retiring director at any general meeting, such appointment shall be made at any adjourned meeting within such time and in accordance with such procedure as may be prescribedexplanation—for the purposes of this chapter, "appointment" of a director includes his re-appointment134 every individual intending to be appointed as director of a company shall make an application for allotment of director identification number to the central government in such form and manner and along with such fee as may be prescribedapplication for allotment of director identification number135 the central government shall, within one month from the receipt of the application under section 134, allot a director identification number to an applicant in such manner as may be prescribedallotment of director identification number136 no individual, who has already been allotted a director identification number under section 135, shall apply for, obtain or possess another director identification number137 every existing director shall, within one month of the receipt of director identification number from the central government, intimate his director identification number to the company or all companies wherein he is a directorprohibition to obtain more than one director identification number director to intimate director identification number| company | to ||-----------------|------|| inform director | || identification | || number | to || registrar | |138 (1) every company shall, within fifteen days of the receipt of intimation under section 137, furnish the director identification number (din) of all its directors to the registrar or any other officer or authority as may be specified by the central government with such fee as may be prescribed or with such additional fee as may be prescribed within the time specified under section 364 and every such intimation shall be furnished in such form and manner as may be prescribed(2) where a company fails to furnish din under sub-section (1), before the expiry of the period specified under section 364 with additional fee, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term of six months or with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees, or with both139 every person or company, while furnishing any return, information or particulars as are required to be furnished under this act, shall mention the director identification number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any directorobligation toindicate director identification number punishment for contravention140 if any individual or director, contravenes any of the provisions of sections 133,136 and 137, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day during which the contravention continuesright of persons other than retiring directors to stand for directorship141 (1) a person who is not a retiring director shall, subject to the provisions of this act, be eligible for appointment to the office of a director at any general meeting, if he, or some member intending to propose him as a director, has, not less than fourteen days before the meeting, left at the office of the company, a notice in writing under his hand signifying his candidature as a director or, as the case may be, the intention of such member to propose him as a candidate for that office, along with the deposit of such sum of money as may be prescribed and the amount so deposited shall be refunded to such person or, as the case may be, to the member, if the person proposed gets elected as a director or gets more than twenty-five per cent of total votes cast(2)the company shall inform its members of the candidature of a person for the office of director under sub-section (1) in the manner prescribed142 (1) the articles of a company may confer on its board of directors the power to appoint any person, other than a person who fails to get appointed as a director in a general meeting , as an additional director at any time who shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier(2) the board of directors may, if so authorised by its articles or by a resolution passed by the company in general meeting, appoint a person, not being a person holding any alternate directorship for any other director in the company, to act as an alternate director for a director during his absence for a period of not less than three months from india:provided that a person who is proposed to be appointed as an alternate director for an independent director should be qualified to be appointed as an independent director under the provisions of this act:provided further that an alternate director shall not hold office for a period longer than that permissible to the director in whose place he has been appointed and shall vacate the office if and when the director in whose place he has been appointed returns to india:provided also that if the term of office of the original director is determined before he so returns to india, any provision for the automatic re-appointment of retiring directors in default of another appointment shall apply to the original, and not to the alternate director(3) subject to the articles, the board may appoint any person as a director nominated by any institution in pursuance of the provisions of any law for the time being in force or of any agreement or by the central government or state government by virtue of its shareholding in a government company(4) in the case of a public company or a private company which is a subsidiary of a public company, if the office of any director appointed by the company in general meeting is vacated before his term of office expires in the normal course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company, be filled by the board of directors at a meeting of the board:provided that any person so appointed shall hold office only up to the date up to which the director in whose place he is appointed would have held office if it had not been vacatedappointment of directors to be votedindividually143 (1) at a general meeting of a company, a motion for the appointment of two or more persons as directors of the company by a single resolution shall not be moved unless a proposal to move such a motion has first been agreed to at the meeting without any vote being cast against it(2) a resolution moved in contravention of sub-section (1) shall be void, whether or not any objection was taken when it was moved(3) a motion for approving a person for appointment, or for nominating a person for appointment as a director, shall be treated a nomination for his appointment144 notwithstanding anything contained in this act, the articles of a company may provide for the appointment of not less than two-thirds of the total number of the directors of a company in accordance with the principle of proportional representation, whether by the single transferable vote or by a system of cumulative voting or otherwise and such appointments may be made once in every three years and casual vacancies of such directors shall be filled as provided in sub-section (4) of section 142option to adopt principle of proportional representation for appointment of directors145 (1) a person shall not be eligible for appointment as a director of a company, if —disqualifications for appointment of director(a) he has been found to be of unsound mind by a court of competent jurisdiction and the said finding is in force;(b) he is an undischarged insolvent; (c) he has applied to be adjudicated as an insolvent and his application is pending;(d) he has been convicted by a court of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, and a period of five years has not elapsed from the date of expiry of the sentence;(e) an order disqualifying him for appointment as a director has been passed by a court or tribunal and the order is in force;(f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call;(g) he has been convicted of the offence dealing with related party transactions at any time during the last preceding five years; or(h) he has not obtained director identification number—(2) no person who is or has been a director of a company which—(a) has not filed financial statements or annual returns for any continuous period of three financial years; or(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more, shall be eligible to be re-appointed as a director of that company or appointed in other public company for a period of five years from the date on which the said company fails to do so:provided that in the case of a sick company under revival and rehabilitation pursuant to chapter xix, nothing contained in this section shall apply to a person proposed to be appointed as a director for any default specified in clause (b) and committed prior to his appointment(3)a private company may by its articles provide for any disqualifications for appointment as a director in addition to those specified in sub-sections (1) and (2):provided that the disqualifications referred to in clauses (d), (e) and (g) of sub-section(1) shall not take effect—(i) for thirty days from the date of conviction or order of disqualification; (ii) where an appeal or petition is preferred within thirty days as aforesaid against the conviction resulting in sentence or order, until expiry of seven days from the date on which such appeal or petition is disposed of; or(iii) where any further appeal or petition is preferred against order or sentence within seven days, until such further appeal or petition is disposed ofnumber of directorships146 (1) no person, after the commencement of this act, shall hold office as a director, including any alternate directorship, in more than fifteen public limited companies at the same time(2) where a person accepts an appointment as a director in contravention of subsection (1), he shall be punishable with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees for every day during which the contravention continuesduties of directors147 (1) subject to the provisions of this act, a director of a company shall act in accordance with the company's articles(2) a director of a company shall act in good faith in order to promote the objects of the company for the benefit of its members as a whole, and in the best interest of the company(3) a director of a company shall exercise his duties with due and reasonable care, skill and diligence(4) a director of a company shall not involve in a situation in which he may have a direct or indirect interest that conflicts, or possibly may conflict, with the interest of the company(5) a director of a company shall not achieve or attempt to achieve any undue gain or advantage either to himself or to his relatives, partners, or associates(6)a director of a company shall not assign his office and any assignment so made shall be void(7)any director who contravenes the provisions of this section shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees:provided that if he is found guilty of making any undue gain either to himself or to his relatives, partners or associates he shall also be liable to pay an amount equal to that gain to the company148 (1) the office of a director shall become vacant in case—| vacation | of ||-------------|------|| office | of || director | |(a) he incurs any of the disqualifications specified in section 145; (b) he absents himself from all the meetings of the board of directors held during a period of twelve months with or without seeking leave of absence of the board;(c) he acts in contravention of the provisions relating to entering into contracts or arrangements in which he is directly or indirectly interested;(d) he fails to disclose his interest in any contract or arrangement; (e) he becomes disqualified by an order of a court or tribunal; (f) he is removed in pursuance of the provisions of this act; (g) he, having been appointed a director by virtue of his holding any office or other employment in the holding, subsidiary or associate company, ceases to hold such office or other employment in that company (2) if a person, who after knowing that the office of director held by him has become vacant on account of any disqualification specified in sub-section (1), acts as a director, shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both(3) where all the directors of a company vacate their offices under any of the disqualifications specified in sub-section (1), the promoter or, in his absence, the central government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in the general meeting(4) a private company may, by its articles, provide any other ground for the vacation of the office of a director in addition to those specified in sub-section (1)resignation of director149 (1) a director may resign from his office by giving a notice in writing to the company and the board shall on receipt of such notice take note of the same and intimate the registrar in such manner and in such form as may be prescribed and shall also place the fact of such resignation in the subsequent general meeting held by the company:provided that a director may also forward a copy of his resignation to the registrar in the manner as may be prescribed(2) the resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later(3) where as a result of any vacancy in the board, the number of directors is reduced below the quorum fixed for a meeting of the board, the continuing director or director(s) shall be deemed to constitute the quorum(4)where all the directors of a company resign from their offices, or vacate their offices under section 148, the promoter or, in his absence, the central government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in general meetingremoval of directors150 (1) a company may, by ordinary resolution, remove a director, not being a director appointed by the tribunal under section 213, before the expiry of period of his office after giving him a reasonable opportunity of being heard and following such procedure as may be prescribed(2) special notice shall be required of any resolution, to remove a director under this section, or to appoint somebody in place of a director so removed, at the meeting at which he is removed(3) on receipt of notice of a resolution to remove a director under this section, the company shall forthwith send a copy thereof to the director concerned, and the director, whether or not he is a member of the company, shall be entitled to be heard on the resolution at the meeting(4)a vacancy created by the removal of a director under this section may, if he had been appointed by the company in general meeting or by the board, be filled by the appointment of another director in his place by the meeting at which he is removed, provided special notice of the intended appointment has been given under sub-section (2)(5)a director so appointed shall hold office until the date up to which his predecessor would have held office if he had not been removed(6)if the vacancy is not filled under sub-section (4), it may be filled as a casual vacancy in accordance with the provisions of this act:provided that the director who was removed from office shall not be re-appointed as a director by the board of directors(7) nothing in this section shall be taken—(a)as depriving a person removed under this section of any compensationor damages payable to him in respect of the termination of his appointment as director as per the terms of contract or terms of his appointment as director, or of any other appointment terminating with the termination as director; or(b)as derogating from any power to remove a director under other provisionsof this act151 (1)every company shall keep at its registered office a register containing such particulars of its directors and key managerial personnel as may be prescribed, which shall include the details of securities held by each of them in the company or its holding, subsidiary or associate companiesregister of directors and key managerial personnel and their shareholding(2) a return containing such particulars and documents as may be prescribed, of the directors and the key managerial personnel shall be filed with the registrar within thirty days from the appointment of every director and key managerial personnel, as the case may be, and within thirty days of any change taking placemembers' right to inspect152 (1) the registers kept under sub-section (1) of section 151 shall be open for inspection during business hours and the members shall have a right to take extracts therefrom and copies thereof shall, on a request by the members, be provided to them free of cost within thirty days(2) the registers kept under section 151 shall also be kept open for inspection at every annual general meeting of the company and shall be made accessible to any person attending the meeting(3) if any inspection as provided in sub-section (1) is refused, or if any copy required under that sub-section is not sent within thirty days from the date of receipt of such request, the registrar shall on an application made to him order immediate inspection and supply of copies required thereunderpunishment153 where a company contravenes any of the provisions of this chapter and forwhich no specific punishment is provided therein, the company and every director or employee who is responsible for such contravention shall be punishable with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees chapter xii meetings of board and its powersmeetings of board154 (1) every company shall hold the first meeting of the board of directors within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings of its board of directors every year in such a manner that not more than 120 days shall intervene between two consecutive meetings of the board:provided that the central government may, by notification, direct that the provisions of this sub-section shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification(2)the participation of directors in a meeting of the board may be either in person or through video conferencing or such other electronic means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings:provided that the central government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other electronic means(3)a meeting of the board shall be called by giving not less than seven days' notice in writing or by electronic means to every director at his address registered with the company:provided that a meeting of the board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting:provided further that in case of absence of independent directors from such a meeting of the board, decisions taken at such a meeting shall be circulated to all the directors and will be final only on ratification thereof by at least one independent director(4) every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupeesquorum for meetings of board155 (1) the quorum for a meeting of the board of directors of a company shall be one-third of its total strength or two directors, whichever is higher, and the participation of the directors by video conferencing or by other electronic means shall also be counted for the purposes of quorum under this sub-section(2)where at any time, the number of interested directors exceeds, or is equal to, twothirds of the total strength of the board of directors, the number of directors who are not interested directors and present at the meeting, being not less than two, shall be the quorum during such timeexplanation—for the purposes of this sub-section, "interested director" means a director within the meaning of sub-section (2) of section 162(3)where a meeting of the board could not be held for want of quorum, then, unless the articles otherwise provide, the meeting shall automatically stand adjourned to the same day at the same time and place in the next week or if that day is a public holiday, till the next succeeding day, which is not a public holiday, at the same time and placeexplanation—for the purposes of this section,—(i) any fraction of a number shall be rounded off as one; (ii) "total strength" shall not include directors whose places are vacant156 (1) no resolution shall be deemed to have been duly passed by the board or by a committee thereof by circulation, unless the resolution has been circulated in draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the passing of resolution by board or committeecase may be, at their usual addresses in india, and has been approved by a majority of the directors or members, who are entitled to vote on the resolution(2) a resolution under sub-section (1) shall be noted at a subsequent meeting of the board or the committee thereof, as the case may be, and made part of the minutes of such meeting157 no act done by a person as a director shall be deemed to be invalid, notwithstanding that it was subsequently noticed that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in this act or in the articles:defects in appointment of directors not to invalidate actions takenprovided that nothing in this section shall be deemed to give validity to any act done by the director after his appointment has been noticed by the company to be invalid or to have terminatedcommittees of board158(1) the board of directors of every listed company and such other class or description of companies, as may be prescribed, shall constitute an audit committee and a remuneration committee of the board(2)the audit committee shall consist of a minimum of three directors with independent directors forming a majority and at least one director having knowledge of financial management, audit or accounts(3) the chairman of an audit committee shall be an independent director (4) every audit committee of a company existing immediately before the commencement of this act shall, within one year of such commencement, be reconstituted in accordance with sub-sections (2) and (3)(5)every audit committee shall act in accordance with the terms of reference specified in writing by the board which shall include, among other things, the recommendation for appointment of auditors of the company, examination of the financial statements and the auditors' report thereon, transactions of the company with related parties, valuation of undertakings or assets of the company, wherever it is necessary, evaluation of internal financial controls and related matters(6)the audit committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review financial statements before their submission to the board(7)the audit committee shall have authority to investigate into any matter in relation to the items specified in sub-section (5) or referred to it by the board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company(8)the auditors of a company and the key managerial personnel shall have a right to attend the meetings of the audit committee when it considers the auditor's report but shall not have the right to vote(9)the board's report under sub-section (3) of section 120 shall disclose the composition of an audit committee and where the board had not accepted any recommendation of the audit committee, the same shall be disclosed in such report along with the reasons therefor(10) the remuneration committee shall consist of non-executive directors as may be appointed by the board out of which at least one shall be an independent director(11) the remuneration committee shall determine the company's policies relating to the remuneration of the directors, including the remuneration and other perquisites of the directors, key managerial personnel and such other employees as may be decided by the board(12) the board of directors of a company having a combined membership of the shareholders, debenture holders and other security holders of more than one thousand at any time during a financial year shall constitute a stakeholders relationship committee consisting of a chairman who shall be a non-executive director and such other members of the board as may be decided by the board(13) stakeholders relationship committee shall consider and resolve the grievances of stakeholders(14) the chairman of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him shall attend the general meetings of the company(15) in case of any contravention of the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with bothpowers of board159 (1) the board of directors of a company shall be entitled to exercise all such powers, and to do all such acts and things, as the company is authorised to exercise and do:provided that in exercising such power or doing such act or thing, the board shall be subject to the provisions contained in that behalf in this act, or in the memorandum or articles of the company, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting:provided further that the board shall not exercise any power or do any act or thing which is directed or required, whether under this act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting(2)no resolution passed by the company in general meeting shall invalidate any prior act of the board which would have been valid if that resolution had not been passed(3)the board of directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the board, namely:—(a) to make calls on shareholders in respect of money unpaid on their shares;(b) to authorise buy-back of securities under section 61; (c) to issue securities, including debentures, whether in india or outside;(d) to borrow monies including arrangement with its bankers for overdraft, cashcredit or other account;(e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the director's report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in anothercompany:provided that the board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify(4) nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the board of any of the powers specified in this section160 (1)the board of directors of a company shall exercise the following powers only with the consent of the company by a special resolution, namely:—restrictions on powers of board(a) to sell, lease or otherwise dispose of the whole of the undertaking of the company or where the company owns more than one undertaking, of the whole or substantially the whole of any of such undertakings explanation—for the purposes of this clause,-(i) the word "undertaking" shall mean an undertaking in which the investment of the company exceeds twenty per cent of its net worth as per the audited balance sheet of the preceding financial year or an undertaking which generates twenty per cent of the total income of the company during the previous financial year;(ii) the expression "substantially the whole of the undertaking" in any financial year shall mean twenty per cent or more of the value of the undertaking as per the audited balance sheet of the preceding financial year; (b) to invest otherwise in trust securities the amount of compensation received by it as a result of any merger or amalgamation;(c) to borrow money exceeding the aggregate of its paid-up share capital and free reserves, apart from temporary loans obtained from the company's bankers in the ordinary course of business;(d) to remit, or give time for the repayment of, any debt due from a director; (e) to contribute to charitable and other funds as donation in any financial year an amount in excess of five per cent of its average net profits for the three immediately preceding financial years (2)every special resolution passed by the company in general meeting in relation to the exercise of the powers referred to in clause (c) or clause (e) of sub-section (1) shall specify the total amount up to which monies may be borrowed by the board of directors under clause (c) or, as the case may be, contributed to charitable and other funds in any financial year under clause (e)(3)nothing contained in clause (a) of sub-section (1) shall affect—(a) the title of a buyer or other person who buys or takes on lease any property, investment or undertaking as is referred to in that clause, in good faith; or(b) the sale or lease of any property of the company where the ordinary business of the company consists of, or comprises, such selling or leasing (4)any special resolution passed by the company consenting to the transaction as is referred to in clause (a) of sub-section (1) may stipulate such conditions as may be specified in such resolution, including conditions regarding the use, disposal or investment of the sale proceeds which may result from the transactions:provided that this sub-section shall not be deemed to authorise the company to effect any reduction in its capital except in accordance with the provisions contained in that behalf in this act(5)no debt incurred by the company in excess of the limit imposed by clause (c) of sub-section (1) shall be valid or effectual, unless the lender proves that he advanced the loan in good faith and without knowledge that the limit imposed by that clause had been exceeded161 (1)notwithstanding anything contained in any other provision of this act, a company, other than a government company and a company which has been in existence for less than three financial years, may contribute any amount directly or indirectly—(a) to any political party, orprohibitions and restrictions regarding political contributions(b) to any person for a political purpose:provided that the amount or, as the case may be, the aggregate of the amount which may be so contributed by the company in any financial year shall not exceed five per cent of its average net profits during the three immediately preceding financial years:provided further that no such contribution shall be made by a company unless a resolution authorising the making of such contribution is passed at a meeting of the board of directors and such resolution shall, subject to the other provisions of this section, be deemed to be justification in law for the making and the acceptance of the contribution authorised by it(2) without prejudice to the generality of the provisions of sub-section (1),—(a) a donation or subscription or payment caused to be given by a company on its behalf or on its account to a person who, to its knowledge, is carrying on any activity which, at the time at which such donation or subscription or payment was given or made, can reasonably be regarded as likely to affect public support for a political party shall also be deemed to be contribution of the amount of such donation, subscription or payment to such person for a political purpose;(b) the amount of expenditure incurred, directly or indirectly, by a company on an advertisement in any publication, being a publication in the nature of a souvenir, brochure, tract, pamphlet or the like, shall also be deemed,—(i) where such publication is by or on behalf of a political party, to be a contribution of such amount to such political party, and(ii) where such publication is not by or on behalf of, but for the advantage of a political party, to be a contribution for a political purpose(3) every company shall disclose in its profit and loss account any amount or amount contributed by it to any political party or to any person for a political purpose during the financial year to which that account relates, giving particulars of the total amount contributed and the name of the party or person to which or to whom such amount has been contributed(4) where a company makes any contribution in contravention of the provisions of this section, the company shall be punishable with fine which may extend to five times the amount so contributed and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to five times the amount so contributedexplanation—for the purposes of this section, "political party" means a political party registered under section 29a of the representation of the people act, 195143 of 1951disclosure of interest by director162 (1) every director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year or whenever there is any change in the disclosures already made, then at the first board meeting held after the change, disclose his concern or interest in any company or companies or bodies corporate, firms, or other association of individuals which shall include the shareholding, in such manner as may be prescribed(2) every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into—(a) with a body corporate in which he, himself or in association with any other director, holds more than two per cent shareholding of that body corporate, or is a promoter, manager, chief executive officer of that body corporate; or(b) with a firm or other entity in which, he is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the board in which the contract or arrangement is discussed and shall not participate in such meeting:provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the next first meeting of the board held after he becomes so concerned or interested(3)a contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company(4) where a director contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees, or with both(5) every director who contravenes the provisions of sub-section (2) shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees, or with both(6) nothing in this section—(a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company;(b) shall apply to any contract or arrangement entered into or to be entered into between two companies where any of the directors of the one company or two or more of them together holds or hold not more than two per cent of the paid-up share capital in the other companyloan to d i r e c t o r s , etc163 (1) save as otherwise provided in this act, no company shall, directly or indirectly, advance any loan, including any loan represented by a book debt, to any of its directors or to any other person in whom he is interested or give any guarantee or provide any security in connection with any loan taken by him or such other person:provided that nothing contained in this sub-section shall apply to—(a) the giving of any loan to a managing or whole-time director—(i)as a part of the conditions of service extended by the company to all its employees; or(ii) pursuant to any scheme approved by the members by a special resolution; (b) a company which in the ordinary course of its business provides loans or gives guarantees or securities for the due repayment of any loan and in respect of such loans an interest is charged at a rate not less than the bank rate declared by the reserve bank of india (2)where any loan is advanced or a guarantee or security is given or provided in contravention of the provisions of sub-section (1), the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty- five lakh rupees, and the director or the other person to whom any loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the other person, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees, or with both164 (1) no company shall directly or indirectly —| loan ||---------------|| investment by || company |(a) give any loan to any other body corporate or person;(b) give any guarantee or provide security in connection with a loan to any other body corporate or person; or(c) acquire by way of subscription, purchase or otherwise, the securities of any other body corporate, exceeding sixty per cent of its paid-up share capital and free reserves or one hundred per cent of its free reserves, whichever is more(2)where the giving of any loan or guarantee or providing any security or the acquisition under sub-section (1) exceeds the limits specified in sub-section (1), prior approval by means of a special resolution passed at a general meeting shall be necessary(3)the company shall disclose to the members in the financial statements the full particulars of the loans given and the purpose for which the loan is proposed to be utilised by the recipient of the loan(4) no investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained:provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (1), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution15 of 1992(5) no company, which is registered under section 12 of the securities and exchangeboard of india act, 1992 and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit such a company shall furnish in its financial statement the details of the loan or deposits2 of 1934(6)no loan shall be given under this section at a rate of interest lower than the prevailing bank rate being the standard rate made public under section 49 of the reserve bank of india act, 1934(7)no company which is in default in the repayment of any deposits accepted before the commencement of this act or payment of interest thereon even after such commencement, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting(8)every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed(9)the register referred to in sub-section (8) shall be kept at the registered office of the company and —(a) shall be open to inspection at such office; and(b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fee as may be prescribed (10) nothing contained in this section shall apply —(a) to a loan made, guarantee given or security provided by —(i) a banking company or an insurance company or a housing finance company in the ordinary course of its business or a company engaged in the business of financing of companies providing infrastructural facilities;(ii) a holding company to its wholly-owned subsidiary; or (iii) a private company unless it is a subsidiary of a public company(b) to any acquisition —2 of 1934(i) made by a non-banking financial company registered under chapter iii- b of the reserve bank of india act, 1934 and whose principal business is acquisition of securities;(ii) made by a holding company by way of subscription, purchase or otherwise, the securities of its wholly owned subsidiary; or(iii) of shares allotted in pursuance of sub-section (1) of section 56(11) where a company contravenes the provisions of this section, it shall be punishable with fine which shall not be less than twenty- five thousand rupees but which may extend to one lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both165 (1) all investments made or held by a company in any property, security or other asset shall be made and held by it in its own name:investments of company to be held in its own nameprovided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if and in so far as it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit(2)nothing in this section shall be deemed to prevent a company from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner(3)where in pursuance of sub-section (2) any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to the inspection by any member or debenture holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose(4)where a company contravenes the provisions of this section, it shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to twenty-five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty five thousand rupees but which may extend to one lakh rupees, or with bothrelated party transactions166 (1) except with the consent of the board of directors of a public companyaccorded by a resolution passed at a meeting of the board and subject to such conditions as may be prescribed, no such company shall enter into any contract or arrangement with a related party with respect to—(a) sale, purchase or supply of any goods or materials;(b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agents for purchase or sale of goods, materials, servicesor property;(f) appointment to any office or place of profit in the company or its subsidiarycompany; and(g) underwriting the subscription of any securities or derivatives thereof, of thecompany:provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions not exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a special resolution:provided further that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arm's length basisexplanation—for the purposes of this sub-section, arm's length transaction means a transaction between two related parties that is conducted on terms as if they were unrelated, so that there is no question of a conflict of interest(2) every contract or arrangement entered into under sub-section (1) shall be referred to in the report of the directors to the shareholders along with the justification for entering into such contract or arrangement(3)where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the board or approval by a special resolution in the general meeting under sub-section (1) and if it is not ratified by the board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement shall be voidable at the option of the board and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it(4)without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or other employee who had authorised for entering into such contract or arrangement in contravention of the provisions of this section for recovery of any loss or damage sustained by it as a result of such contract or arrangement(5) any director or other employee of a public company, who had authorised the contract or arrangement in violation of the provisions of this section shall,—(i) in case of public company whose shares are not listed in any stock exchange, be punishable with fine which shall not be less than twenty- five thousand rupees but which may extend to five lakh rupees; and(ii) in case of listed public company, be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both explanation— for the purposes of this section, "office or place of profit" means any office or place —(a) in case the office or place is held by a director, if the director holding it obtains from the company anything by way of remuneration over and above the remuneration to which he is entitled as such director, whether as salary, fee, commission, perquisites, the right to occupy any rent-free premises as a place of residence, or otherwise;(b) in case the office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it obtains from the company anything by way of remuneration, whether as salary, fee, commission, perquisites, the right to occupy any rent-free premises as a place of residence, or otherwise167 (1) every company shall keep one or more registers giving separately the particulars of all contracts or arrangements to which sub-section (2) of section 162 applies, including such particulars and in such manner as may be prescribedregister of contracts or arrangements in which directors are interested(2)every director, including a deemed director, or key managerial personnel shall, within thirty days of his appointment, or relinquishment of, his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 162 relating to his concern or interest in the other associations which are required to be included in the register under sub-section (1)(3)every director, including a deemed director, shall give notice in writing to the company at a meeting of the board, of such matters relating to himself as may be necessary for the purpose of enabling the company to comply with the provisions of this section(4)the register kept pursuant to sub-section (1) shall be kept at the registered office of the company and it shall be open for inspection at such office during business hours and extracts may be taken therefrom, and copies thereof as may be required by any member of the company shall be furnished by the company to such extent, in such manner, and on payment of such fee as may be prescribed(5)the registers to be kept under this section shall also be produced at the commencement of every annual general meeting of the company and shall remain open and accessible during the continuance of the meeting to any person having the right to attend the meeting(6)nothing in sub-section (1) shall apply to any contract or arrangement —(a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or(b) by a banking company for the collection of bills in the ordinary course of its business (7) every director who fails to comply with the provisions of this section and the rules made thereunder shall be liable to a penalty of twenty-five thousand rupees168 (1) every company shall keep at its registered office, —(a) where a contract of service with a managing or whole-time director is in writing, a copy of the contract; or(b) where such a contract is not in writing, a written memorandum setting out its terms (2) copies of the contract or the memorandum kept under sub-section (1) shall be open to inspection by any member of the company without payment of fee(3) if any default is made in complying with the provisions of sub-section (1) or subsection (2), the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for each default(4)the provisions of this section shall not apply to a private company169 (1) no director of a company shall, in connection with—(a) the transfer of the whole or any part of any undertaking or property of the company, or(b) the transfer to any person of all or any of the shares in a company being a transfer resulting from —(i) an offer made to the general body of shareholders;payment to director for loss of office, etc, in connection with transfer of undertaking, property or shares(ii) an offer made by or on behalf of some other body corporate with a view to a company becoming a subsidiary company of such body corporate or a subsidiary company of its holding company;(iii) an offer made by or on behalf of an individual with a view to his obtaining the right to exercise, or control the exercise of, not less than one-third of the total voting power at any general meeting of the company; or(iv) any other offer which is conditional on acceptance to a given extent, receive any payment by way of compensation for loss of office or as consideration for retirement from office, or in connection with such loss or retirement from such company or from the transferee of such undertaking or property, or from the transferees of shares or from any other person, not being such company, unless particulars as may be prescribed with respect to the payment proposed to be made by such transferee or person, including the amount thereof, have been disclosed to the members of the company and the proposal has been approved by the company in general meeting (2)nothing in sub-section (1) shall affect any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement subject to limits or priorities, as may be prescribed(3)if the payment under sub-section (1) or sub-section (2) is not approved for want of quorum either in a meeting or an adjourned meeting, the proposal shall not be deemed to have been approved(4)where a director of a company receives payment of any amount in contravention of sub-section (1) or the proposed payment is made before it is approved in the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the company(5)where any director contravenes any of the provisions of this section, he shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees(6)nothing in this section shall be taken to prejudice the operation of any rule of law requiring disclosure to be made with respect to any payment received under this section or any other like payments made to a director170 (1) no company shall enter into an arrangement by which —restriction on non-cash transactions involving directors(a) a director of the company or its holding company or a person connectedwith him acquires or is to acquire assets for consideration other than cash, from the company; or(b) the company acquires or is to acquire assets for consideration other than cash, from such a director or person so connected, unless prior approval for such arrangement is accorded by a resolution of the company in general meeting and if the director or connected person is a director of its holding company, approval under this sub-section shall also be required to be obtained by passing a resolution in general meeting of the holding company(2)the notice for approval of the resolution by the company or holding company in general meeting under sub-section (1) shall include the particulars of the arrangement along with the value of the assets involved in such arrangement duly calculated by a registered valuer(3)any arrangement entered into by a company or its holding company in contravention of the provisions of this section shall be voidable at the instance of the company unless—(a) the restitution of any money or other consideration which is the subject-matter of the arrangement is no longer possible and the company has been indemnified by any other person for any loss or damage caused to it; or(b) any rights are acquired bona fide for value and without notice of the contravention of the provisions of this section by any other personcontracts by one person companies171 (1) where a one person company limited by shares or by guarantee enters into a contract with the sole member of the company who is also director of the company, the company shall, unless the contract is in writing, ensure that the terms of the contract or offer are contained in a memorandum or are recorded in the minutes of the first meeting of the board of directors of the company held next after the entering into the contract:provided that nothing in this sub-section shall apply to contracts entered into by the company in the ordinary course of its business(2) the company shall inform the registrar about every contract entered into by the company and recorded in the minutes of the meeting of its board of directors under subsection (1) within fifteen days of the date of approval by the board of directors with such fee as may be prescribed, or with such additional fee as may be prescribed within the time specified, under section 364(3) where the company fails to inform the registrar under sub-section (2) before the expiry of the period specified under section 364 with additional fee, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both172 (1) no director of a company or any of its key managerial personnel shall buy —(a) a right to call for delivery at a specified price and within a specified time, of a specified number of relevant shares or a specified amount of relevant debentures,(b) a right to make delivery at a specified price and within a specified time, of a specified number of relevant shares or a specified amount of relevant debentures, or prohibition on forward dealings in securities of company by a key managerial personnel(c) a right, as he may elect, to call for delivery at a specified price and within a specified time, or to make delivery at a specified price and within a specified time, of a specified number of relevant shares or a specified amount of relevant debentures (2) where a director or any key managerial personnel contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both(3) where a director or other key managerial personnel acquires any securities in contravention of sub-section (1), he shall, without prejudice to any punishment which may be imposed under sub-section (2), be liable to surrender the same to the company and the company shall not register the securities so acquired in his name in the register, and if they are in dematerialised form, it shall inform the depository not to record such acquisitionexplanation—for the purposes of this section, relevant shares and relevant debentures mean shares and debentures of the company in which the concerned person is a whole-time director or other key managerial person or shares and debentures of its holding and subsidiary companiesprohibition on insider trading of securities173 (1) no director or key managerial personnel shall either on his own behalf or on behalf of any other person, deal in securities of a company, or counsel about, procure or communicate, directly or indirectly, any non-public price-sensitive information to any person:provided that nothing contained in this sub-section shall apply to any communication required in the ordinary course of business or profession or employment or under any lawexplanation—for the purposes of this section, "price-sensitive information" means any information which relates, directly or indirectly, to a company and which if published is likely to materially affect the price of securities of the company(2) if any director or key managerial personnel contravenes the provisions of this section, he shall be punishable with imprisonment for a term which may extend to five years or with fine which shall not be less than five lakh rupees but which may extend to one crore rupees, or with both chapter xiii appointment and remuneration of managerial personnel174 (1) no company shall appoint or employ at the same time a managing director and manager(2) no company shall appoint or re-appoint any person as its managing director, whole-time director or manager for a term exceeding five years at a time:appointment of managing director, whole-time director or managerprovided that no re-appointment shall be made earlier than one year before the expiry of his term(3) no company shall appoint any firm, body corporate or other association as its manager(4) no company shall appoint or continue the employment of any person as its key managerial personnel who —(a) is below the age of twenty-one years or has attained the age of seventy years:provided that appointment of a person who has attained the age of seventy years may be made by passing a special resolution;(b) is an undischarged insolvent or has at any time been adjudged an insolvent; (c) has at any time suspended payment to his creditors or makes, or has at any time made, a composition with them; or(d) has at any time been convicted by a court of an offence involving moral turpitude (5)a managing director, whole-time director or manager shall be appointed by the board of directors at a meeting with the consent of all the directors present at such meeting, which shall be subject to approval by a special resolution at the next general meeting of the company:provided that a notice convening board or general meeting for considering such appointment shall include the terms and conditions of such appointment, remuneration payable and such other matters including interest, if any, of a director or directors in such appointments, if any(6) subject to the provisions of this act, where an appointment of a managing director, whole-time director or manager is not approved by the company at a general meeting, any act done by him before such approval shall not be deemed to be invalidremuneration of managerial personnel175 (1) a managing or whole-time director or a manager of a company may be paid remuneration either by way of a monthly payment or at a specified percentage of the net profits of the company, computed in the manner prescribed, or partly by monthly payment and partly by the percentage of net profits(2) where any insurance is taken by a company on behalf of its managing director, whole-time director, manager, chief executive officer, chief financial officer or company secretary for indemnifying any of them against any liability in respect of any negligence, default, misfeasance, breach of duty or breach of trust for which they may be guilty in relation to the company, the premium paid on such insurance shall not be treated as part of the remuneration payable to any such personnel(3) any director who is in receipt of any commission from the company and who is a managing or whole-time director of the company shall not be disqualified from receiving any remuneration or commission from any holding company or subsidiary company of such company subject to its disclosure by the company in the board's report(4) every person who contravenes the provisions of this section shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees176 (1) a director who is neither a whole-time director nor a managing director of a company may be paid remuneration in the form of —remuneration payable to directors(a) fee for attending meetings of the board or committees thereof in accordance with the articles; and(b) profit-related commission with the prior approval of members by a special resolution (2) if any director draws or receives directly or indirectly by way of remuneration any sum in excess of the amount under sub-section (1), he shall refund such sum to the company within thirty days177 (1) payment may be made by a company to a managing or whole-time director or manager, but not to any other director by way of compensation for loss of office, or as consideration for retirement from office or in connection with such loss or retirement(2) no payment shall be made under sub-section (1) in the following cases, namely:—compensation for loss of office of managing or whole-time director or manager(a) where the director resigns from his office as a result of the reconstruction of the company, or of its amalgamation with any other body corporate or bodies corporate, and is appointed as the managing director, manager or other officer of the reconstructed company or of the body corporate resulting from the amalgamation;(b) where the director resigns from his office otherwise than on the reconstruction of the company or its amalgamation as aforesaid;(c) where the office of the director is vacated under sub-section (1) of section148;(d) where the company is being wound up, whether by an order of the tribunal or voluntarily, provided the winding up was due to the negligence or default of the director;(e) where the director has been guilty of fraud or breach of trust in relation to, or of gross negligence in or gross mismanagement of, the conduct of the affairs of the company or any subsidiary company or holding company thereof; and(f) where the director has instigated, or has taken part directly or indirectly in bringing about, the termination of his office (3)any payment made to a managing or whole-time director or manager in pursuance of sub-section (1) shall not exceed the remuneration which he would have earned if he had been in office for the remainder of his term or for three years, whichever is shorter, calculated on the basis of the average remuneration actually earned by him during a period of three years immediately preceding the date on which he ceased to hold office, or where he held the office for a lesser period than three years, during such period:provided that no such payment shall be made to the director in the event of the commencement of the winding up of the company, whether before or at any time within twelve months after, the date on which he ceased to hold office, if the assets of the company on the winding up, after deducting the expenses thereof, are not sufficient to repay to the shareholders the share capital, including the premiums, if any, contributed by them(4) nothing in this section shall be deemed to prohibit the payment to a managing or whole-time director, or manager, of any remuneration for services rendered by him to the company in any other capacity178 (1) every company belonging to such class or description of companies as may be prescribed shall have whole-time key managerial personnelappointment of key managerial personnel(2)every whole-time key managerial personnel of a company shall be appointed by means of a resolution of the board containing the terms and conditions of the appointment including the remuneration(3) a whole-time key managerial personnel shall not hold office in more than one company at the same time:provided that nothing contained in this sub-section shall disentitle a key managerial personnel from being a director of any company with the permission of the company(4) if the office of any key managerial personnel is vacated, the resulting vacancy shall be filled up by the board at a meeting of the board within a period of six months from the date of such vacancy(5) where a company fails to comply with any of the provisions of this section, it shall be liable to a penalty of one lakh rupees and every director and key managerial personnel who is in default shall be liable to a penalty of twenty-five thousand rupees, for each such default chapter xiv inspection, inquiry and investigation179 (1) where on a scrutiny of any document filed by a company or on any information received by him, the registrar is of the opinion that any further information or explanation or any further documents relating to the company is necessary, he may by a written notice require the company—power to call for information, inspect books and conduct inquiries(a) to furnish in writing such information or explanation; or (b) to produce such documents, within such reasonable time, as may be specified in the notice(2) on the receipt of a notice under sub-section (1), it shall be the duty of the company and of its officers concerned to furnish such information or explanation to the best of their knowledge and power and to produce the documents to the registrar within the time specified or extended by the registrar: provided that where such information or explanation relates to any past period, the officers who had been in the employment of the company for such period, if so called upon by the registrar through a notice served on them in writing, shall also furnish such information or explanation to the best of their knowledge(3) if no information or explanation is furnished to the registrar within the time specified under sub-section (1) or if the registrar on an examination of the documents furnished is of the opinion that the information or explanation furnished is inadequate or does not disclose a full and fair statement of the information required or if the registrar is satisfied on a scrutiny of the documents furnished that an unsatisfactory state of affairs exists in the company with regard to compliance with the provisions of this act, he may, by another written notice, call on the company to produce for his inspection such further books of account, books, papers and explanations as he may require at such place and at such time as he may specify in the notice:provided that before any notice is served under this sub-section, the registrar shall record his reasons in writing for issuing such notice(4) if the registrar is satisfied on the basis of information available with or furnished to him or on a representation made to him by any person that the business of a company is being carried on for a fraudulent or unlawful purpose, the registrar may, after informing the company of the allegations made against it by a written order, call on the company to furnish in writing any information or explanation on matters specified in the order within such time as he may specify therein and carry out such inquiry as he deems fit providing the company a reasonable opportunity of being heard:provided that the central government may, if it is satisfied that circumstances so warrant, direct the registrar or a competent inspector appointed by it for the purpose to carry out the inquiry under this sub-section(5) without prejudice to the foregoing provisions of this section, the central government may, if it is satisfied that circumstances so warrant, direct inspection of books and papers of a company by an inspector appointed by it for the purpose(6) where a company fails to furnish any information called for under this section within the time or extended time provided for the purpose, the company shall be punishable with a fine of five hundred rupees per day during the period for which the default continues and shall also be liable to a further fine of rupees one lakh for each offenceconduct of inspection and inquiry180 (1) where a registrar or inspector calls for the books of account and other books and papers under section 179, it shall be the duty of every director, officer or other employee of the company to produce all such documents to the registrar or inspector and furnish him with such statements, information or explanations in such form as the registrar or inspector may require and shall render all assistance to the registrar or inspector in connection with such inspection(2) the registrar or inspector, making an inspection or inquiry under section 179 may, during the course of such inspection or inquiry, as the case may be,—(a) make or cause to be made copies of books of account and other books and papers, or(b) place or cause to be placed any marks of identification in such books in token of the inspection having been made5 of 1908(3) notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, the registrar or inspector making an inspection or inquiry shall have all the 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 persons and examining them on oath; and(b) inspection of any books, registers and other documents of the company at any place (4) where any default is made in complying with the directions issued by the registrar or the inspector in exercise of the powers under the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer who is in default shall be punishable with imprisonment which may extend to one year or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both(5) where a director or other officer of the company has been convicted of an offence under this section, he shall, on and from the date of his conviction, be deemed to have vacated his office as such and shall be disqualified from holding the office of a director or any other employee in the company or any other company for a period of five years from such datereport on inspection made181 the registrar or inspector shall, after the inspection of the books of account or an inquiry under section 179 and other books and papers of the company under section 180, submit a report in writing to the central government along with such documents, if any, and such report may, if necessary, include a recommendation that further investigation into the affairs of the company is necessary giving his reasons in supportsearch and seizure182 (1) where, upon information in his possession or otherwise, the registrar or inspector has reasonable ground to believe that the books and papers of a company, or relating to the managing director or manager thereof, are likely to be destroyed, mutilated, altered, falsified or secreted, he may, after obtaining an order from the special court for the seizure of such books and papers,—(a) enter, with such assistance as may be required, and search, the place or places where such books or papers are kept, and(b) seize such books and papers as he considers necessary after allowing the company to take copies of, or extracts from, such books or papers at its cost (2) the registrar or inspector shall return the books and papers seized under subsection (1), as soon as may be, and in any case not later than the one hundred and eightieth day after such seizure, to the company from whose custody or power such books or papers were seized:provided that the books and papers may be called for by the registrar or inspector for a further period of one hundred and eighty days by an order in writing if they are needed again:provided further that the registrar or inspector may, before returning such books and papers as aforesaid, take copies of, or extracts from them or place identification marks on them or any part thereof or deal with the same in such other manner as he considers necessary2 of 1974(3) the provisions of the code of criminal procedure, 1973 relating to searches orseizures shall apply mutatis mutandis to every search and seizure made under this section183 (1) where the central government is of the opinion, for reasons to be recordedin writing, that it is necessary to investigate into the affairs of a company,—investigation into affairs of company(a) on the receipt of a report of the registrar or inspector under section 181;(b) on intimation of a special resolution passed by a company that the affairs ofthe company ought to be investigated; or(c) in public interest,it may order an investigation into the affairs of the company(2) where an order is passed by a court or the tribunal in any proceedings before it that the affairs of a company ought to be investigated, the central government shall order an investigation into the affairs of that company(3) for the purposes of this section, the central government may appoint one or more competent persons as inspectors to investigate into the affairs of the company and to report thereon in such manner as the central government may direct184 the tribunal may, —(a) on an application made by —investigation into company's affairs in other cases(i) not less than one hundred members or members holding not less than one-tenth of the total voting power in the case of a company having a share capital; or(ii) not less than one-fifth of the persons on the company's register of members, in the case of a company having no share capital, and supported by such evidence as may be necessary for the purpose of showing that the applicants have good reasons for seeking an order for conducting an investigation into the affairs of the company; or(b) on an application made to it by any other person or otherwise, if it is satisfied that there are circumstances suggesting that —(i) the business of the company is being conducted with intent to defraud its creditors, members or any other persons or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive of any of its members or that the company was formed for any fraudulent or unlawful purpose;(ii) persons concerned in the formation of the company or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards the company or towards any of its members; or(iii) the members of the company have not been given all the information with respect to its affairs which they might reasonably expect, including information relating to the calculation of the commission payable to a managing or other director, or the manager, of the company, order, after giving a reasonable opportunity to the parties concerned, that the affairs of the company ought to be investigated by an inspector or inspectors appointed by the central government and where such an order is passed , the central government shall appoint one or more competent persons as inspectors to investigate into the affairs of the company in respect of such matters and to report thereupon to it in such manner as the central government may directsecurity for payment of costs and expenses of investigation185 (1) where an investigation is ordered by the central government in pursuance of sub-section (1) of section 183, or in pursuance of an order made by the tribunal under section 184, the central government may before appointing an inspector require the company or the applicants to give security for such amount not exceeding twenty-five lakh rupees as it may think fit, for payment of the costs and expenses of the investigation(2) after the completion of any investigation, the costs and expenses of such investigation shall be worked out and a notice shall be served on the company concerned for payment of the said amount within a certain period specified in the notice and if the amount is not paid within the time specified by the central government or such extension of time as may be given by it, the amount shall be a charge on the property and assets of the company and shall be recoverable as such under this act186 no firm, body corporate or other association shall be appointed as an inspectorfirm, body corporate or association not to be appointed as inspectors investigation of ownership of company187 (1) where it appears to the central government that there is good reason so todo, it may appoint one or more inspectors to investigate and report on the membership of any company and other matters relating to the company, for the purpose of determining the true persons—(a) who are or have been financially interested in the success or failure, whether real or apparent, of the company; or(b) who are or have been able to control or to materially influence the policy of the company (2) without prejudice to its powers under sub-section (1), the central government shall appoint one or more inspectors under that sub-section, if the tribunal, in the course of any proceedings before it, directs by an order that the affairs of the company ought to be investigated as regards the membership of the company and other matters relating to the company, for the purposes specified in sub-section (1)(3) while appointing an inspector under sub-section (1), the central government may define the scope of the investigation, whether as respects the matters or the period to which it is to extend or otherwise, and in particular, may limit the investigation to matters connected with particular shares or debentures(4) subject to the terms of appointment of an inspector, his powers shall extend to the investigation of any circumstances suggesting the existence of any arrangement or understanding which, though not legally binding, is or was observed or is likely to be observed in practice and which is relevant for the purposes of his investigationprocedure, powers, etc, of inspectors188 (1) it shall be the duty of all officers and other employees and agents of a company which is under investigation under this chapter, and where the affairs of any other body corporate or a person are investigated under section 187, of all officers and other employees including ex-employees and agents of such body corporate or a person—(a) to preserve and to produce to an inspector or any person authorised by him in this behalf all books and papers of, or relating to, the company or, as the case may be, relating to the other body corporate or the person, which are in their custody or power; and(b) otherwise to give to the inspector all assistance in connection with the investigation which they are reasonably able to give (2) the inspector may 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 person authorised 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 investigation(3) the inspector shall not keep in his custody any books and papers produced under sub-section (1) or sub-section (2) for more than one hundred and eighty days and return the same to the company, body corporate, firm or individual by whom or on whose behalf the books and papers were produced:provided that the books and papers may be called for by the inspector if they are needed again for a further period of one hundred and eighty days by an order in writing(4) an inspector may examine on oath—(a) any of the persons referred to in sub-section (1); and (b) with the prior approval of the central government, any other person, in relation to the affairs of the company, or other body corporate or person, as the case may be, and for that purpose may require any of those persons to appear before him personally(5) notes of any examination under sub-section (4) shall be taken down in writing and shall be read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him(6) if any person fails without reasonable cause or refuses—(a) to produce to an inspector or any person authorised by him in this behalf any book or paper which it is his duty under sub-section (1) or sub-section (2) to produce;(b) to furnish any information which is his duty under sub-section (2) to furnish; (c) to appear before the inspector personally when required to do so under subsection (4) or to answer any question which is put to him by the inspector in pursuance of that sub-section; or(d) to sign the notes of any examination referred to in sub-section (5), he shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, and also with a further fine which may extend to two thousand rupees for every day after the first during which the failure or refusal continues(7) officers of the central government, any state government or statutory authority shall provide reasonable assistance to the inspector for the purpose of the inspection, inquiry or investigation, which the inspector may, with the prior approval of the central government, require(8) the central government may enter into an agreement with the government of a foreign state for reciprocal arrangements to assist in any inspection, inquiry or investigation under this act or under the corresponding law in force in that state the central government may, by notification, render the application of this chapter in relation to a foreign state with which reciprocal arrangements have been made subject to such modifications, exceptions, conditions and qualifications as may be deemed expedient for implementing the agreement with that state189 if an inspector appointed under section 183 or section 184 or section 187 to investigate into the affairs of a company considers it necessary for the purposes of the investigation, to investigate also the affairs of —(a) any other body corporate which is, or has at any relevant time been the company's subsidiary company or holding company, or a subsidiary company of its holding company;power of inspectors to conduct investigation into affairs of related companies, etc(b) any other body corporate which is, or has at any relevant time been managed by any person as managing director or as manager, who is, or was, at the relevant time, the managing director or the manager of the company;(c) any other body corporate whose board of directors comprises nominees of the company or is accustomed to act in accordance with the directions or instructions of the company or any of its directors; or(d) any person who is or has at any relevant time been the company's managing director or manager or employee, he shall, subject to the prior approval of the central government, investigate into and report on the affairs of the other body corporate or of the managing director or manager, in so far as he considers that the results of his investigation are relevant to the investigation of the affairs of the company for which he is appointed:provided that the central government shall, before according approval under this section give the body corporate or person a reasonable opportunity to show cause why such approval shall not be givenseizure of documents by inspector190 (1) where in the course of an investigation under this chapter, the inspector has reasonable grounds to believe that the books and papers of, or relating to, any company or other body corporate or managing director or manager of such company are likely to be destroyed, mutilated, altered, falsified or secreted, the inspector may —(a) enter, with such assistance as may be required, the place or places where such books and papers are kept in such manner as may be required; and(b) seize books and papers as he considers necessary after allowing the company to take copies of, or extracts from, such books, papers at its cost for the purposes of his investigation (2) the inspector shall keep in his custody the books and papers seized under this section for such a period not later than the conclusion of the investigation as he considers necessary and thereafter shall return the same to the company or the other body corporate, or, as the case may be, to the managing director or the manager or any other person from whose custody or power they were seized:provided that the inspector may, before returning such books and papers as aforesaid, take copies of, or extracts from them or place identification marks on them or any part thereof or deal with the same in such manner as he considers necessary2 of 1974(3) the provisions of the code of criminal procedure, 1973, relating to searches orseizures shall apply mutatis mutandis to every search or seizure made under this sectionfreezing of assets on an inquiry and investigation of a company191 (1) where it appears to the tribunal, whether on a reference made to it by the central government or in connection with any inquiry or investigation into the affairs of a company under sections 180 and 183 or on any complaint made by any person in this behalf that the removal, transfer or disposal of funds, assets, properties of the company is likely to take place in a manner that is prejudicial to the interests of the company or its shareholders or creditors or in public interest, it may by order direct that such transfer, removal or disposal shall not take place during such period not exceeding three years as may be specified in the order or may take place subject to such conditions and restrictions as the tribunal may deem fit(2) in case of any removal, transfer or disposal of funds, assets, properties of the company in contravention of the order of the tribunal under sub-section (1), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with bothimposition of restrictions upon securities192 (1) where it appears to the tribunal, in connection with any investigation under section 188 or on a complaint made by any person in this behalf, that there is good reason to find out the relevant facts about any securities issued or to be issued by a company and the tribunal is of the opinion that such facts cannot be found out unless certain restrictions, as it may deem fit, are imposed, the tribunal may, by order, direct that the securities shall be subject to such restrictions as it may deem fit for such period not exceeding three years as may be specified in the order(2) where securities in any company are issued or transferred or acted upon in contravention of an order of the tribunal under sub-section (1), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with bothinspector's report193 (1) an inspector appointed under this chapter may, and if so directed by the central government shall, submit interim reports to that government, and on the conclusion of the investigation, shall submit a final report to the central government(2) every report made under sub-section (1) shall be in writing or printed as the central government may direct(3) the central government —(a) shall forward a copy of final report, other than an interim report, made by any inspector, to the company at its registered office and also to any body corporate or person dealt with in the report by virtue of section 189;(b) may, if it thinks fit, furnish a copy of the final report, on request and on payment of the prescribed fee, to any person —(i) who is a member of the company or other body corporate dealt with in the report under section 183 or section 189; or(ii) whose interest as a creditor of the company or other body corporate appears to the central government to be affected; (c) shall, where the inspectors are appointed under section 183 in pursuance of an order of a court or the tribunal, forward a copy of any report to that court or the tribunal;(d) shall, where the inspectors are appointed in pursuance of the provisions of section 184, furnish a copy of the final report to the tribunal or to the applicants who requested investigation;(e) may also cause the final report to be published(4) the report of any inspector appointed under this chapter and authenticated in such manner, as may be prescribed, shall be admissible in any legal proceeding as evidence in relation to any matter contained in the reportno suit or proceeding till submission of final report194 no suit or other proceeding shall lie in any court, the tribunal or other authority in respect of any action initiated by the central government for making an investigation under this chapter or for the appointment of an inspector thereunder and no proceedings of an inspector shall be called in question or stayed by any court, the tribunal or other authority on any ground whatsoever until the conclusion of the investigation and the submission of a report by the inspectoractions to be taken in pursuance of inspector's report195 (1) if, from an inspector's report, made under section 193, it appears to the central government that any person has, in relation to the company or in relation to any other body corporate or other person whose affairs have been investigated under section 183 or section 184 or section 189, been guilty of any offence for which he is criminally liable, the central government may prosecute such person for the offence and it shall be the duty of all officers and other employees of the company or body corporate to give the central government the necessary assistance in connection with the prosecution(2) if any company or other body corporate is liable to be wound up under this act and it appears to the central government from any such report made under section 193 that it is expedient so to do by reason of any such circumstances as are referred to in section 184, the central government may, unless the company or body corporate is already being wound up by the tribunal, cause to be presented to the tribunal by any person authorised by the central government in this behalf—(a) a petition for the winding up of the company or body corporate on the ground that it is just and equitable that it should be wound up, or(b) an application under section 212, or (c) both(3) if from any such report as aforesaid, it appears to the central government that proceedings ought, in the public interest, to be brought by the company or any body corporate whose affairs have been investigated under section 183 —(a) for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation, or the management of the affairs, of such company or body corporate; or(b) for the recovery of any property of such company or body corporate which has been misapplied or wrongfully retained, the central government may itself bring proceedings for winding-up in the name of such company or body corporate(4) the central government shall be indemnified by such company or body corporate against any costs or expenses incurred by it in, or in connection with, any proceedings brought by virtue of sub-section (3)expenses of investigation196 (1) the expenses of, and incidental to, an investigation by an inspector appointed by the central government under this chapter other than expenses of inspection under section 185 shall be defrayed in the first instance by the central government, but shall be reimbursed by the following persons to the extent mentioned below, namely:—(a) any person who is convicted on a prosecution instituted, or who is ordered to pay damages or restore any property in proceedings brought, under section 195, to the extent that he may in the same proceedings be ordered to pay the said expenses as may be specified by the court convicting such person, or ordering him to pay such damages or restore such property, as the case may be;(b) any company or body corporate in whose name proceedings are brought as aforesaid, to the extent of the amount or value of any sums or property recovered by it as a result of such proceedings;(c) unless, as a result of the investigation, a prosecution is instituted under section 195, —(i) any company, body corporate, managing director or manager dealt with by the report of the inspector, and(ii) the applicants for the investigation, where the inspector was appointed under section 184, to such extent as the central government may direct(2) any amount for which a company or body corporate is liable under clause (b) of sub-section (1) shall be a first charge on the sums or property mentioned in that clause197 an investigation under this chapter may be initiated notwithstanding, and no such investigation shall be stopped or suspended by reason only of, the fact that—(a) an application has been made under section 212;voluntary winding-up of company, etc, not to stop investigation proceedings(b) the company has passed a special resolution for voluntary winding-up; or (c) any other proceeding for the winding up of the company is pending before the tribunal : provided that where a winding-up order is passed by the tribunal in a proceeding referred to in clause (c), the inspector shall inform the tribunal about the pendency of the proceeding before it and the tribunal shall pass such order as it may deem fit:provided further that nothing in the winding-up order shall absolve any director or other employee of the company from participating in the proceeding before the inspector or any liability as a result of the finding by the inspector198 nothing in this chapter shall require the disclosure to the tribunal or to the central government or to the registrar or to an inspector appointed by the central government—legal advisers and bankers not to disclose(a) by a legal adviser, of any privileged communication made to him in that capacity, except as respects the name and address of his client; or(b) by the bankers of any company, body corporate, or other person, of any information as to the affairs of any of their customers, other than such company, body corporate, or person199 the provisions of this chapter shall apply mutatis mutandis to inspection, inquiry or investigation in relation to foreign companies200 where a person who is required to provide an explanation or make a statement during the course of inspection, inquiry or investigation, or an officer or other employee of a company or other body corporate which is also under investigation, —investigation, etc, of foreign companies penalty for furnishing false statement, mutilation, destruction of documents(a) destroys, mutilates or falsifies, or is a party to the destruction, mutilation or falsification of, documents relating to the property, assets or affairs of the company or the body corporate;(b) makes, or is a party to the making of, a false entry in any document concerning the company or body corporate; or(c) provides an explanation which is false or which he knows to be false, he shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees cahpter xv compromises, arrangements and amalgamations201 (1) where a compromise or arrangement is proposed—(a) between a company and its creditors or any class of them, or (b) between a company and its members or any class of them, power to compromise or make arrangements with creditors and membersthe tribunal may, on the application of the company or of any creditor or member of the company, or in the case of a company which is being woundup, of the liquidator, order a meeting of the creditors or class of creditors, or of the members or class of members, as the case may be, to be called, held and conducted in such manner as the tribunal directsexplanation—for the purposes of this sub-section, arrangement includes a reorganisation of the company's share capital by the consolidation of shares of different classes or by the division of shares into shares of different classes, or by both of those methods(2) an application made under sub-section (1) shall disclose to the tribunal by affidavit—(a) all material facts relating to the company, such as the latest financial position of the company, the latest auditor's report on the accounts of the company and the pendency of any investigation or proceedings against the company;(b) reduction of share capital of the company, if any, included in the compromise or arrangement;(c) any scheme of corporate debt restructuring consented to by not less than seventy-five per cent of the secured creditors in value, including—(i) a creditor's responsibility statement, (ii) safeguards for the protection of other secured and unsecured creditors, (iii) report by the auditor that the fund requirements of the company after the corporate debt restructuring as approved shall conform to the liquidity test based upon the estimates provided to them by the board,(iv) where the company proposes to adopt the corporate debt restructuring guidelines specified by the reserve bank of india, a statement to that effect, and(v) a valuation report in respect of the shares and the property and all assets, tangible and intangible, movable and immovable, of the company by a registered valuer(3) where a meeting is proposed to be called in pursuance of an order of the tribunal under sub-section (1), a notice of such meeting shall be sent to all the creditors or class of creditors and to all the members or class of members and the debenture holders of the company, either individually or by an advertisement, which shall be accompanied by a statement disclosing the details of the compromise or arrangement, the valuation report, if any, and explaining their effect on creditors, members and the debenture holders and the effect of the compromise or arrangement on any material interests of the directors of the company or the debenture trustees, and such other matters as may be prescribed:provided that where an advertisement is issued under this sub-section, it shall indicate the time within which copies of the compromise or arrangement shall be made available to the concerned persons free of charge from the registered office of the company(4) a notice under sub-section (3) shall also indicate that the persons to whom the notice is sent shall intimate in writing their consent to the adoption of the compromise or arrangement within one month from the date of receipt of such notice:provided that any objection to the compromise or arrangement shall be made only by persons holding not less than ten per cent of the shareholding or having outstanding debt amounting to not less than five per cent of the total outstanding debt as per the latest audited financial statement12 of 2003(5) a notice under sub-section (3) along with all the documents in such form as may be prescribed shall also be sent to the central government, the reserve bank of india, the securities and exchange board, the registrar, the respective stock exchanges, the official liquidator, the competition commission of india established under sub-section (1) of section7 of the competition act, 2002, if necessary, and such other authorities which are likely to be affected by the compromise or arrangement and shall require that representations, if any, to be made by them shall be made within one month from the date of receipt of such notice, failing which, it shall be presumed that they have no representations to make on the proposals(6) where, at a meeting held in pursuance of sub-section (1), a majority representing three-fourths in value of the creditors, or class of creditors or members or class of members, as the case may be, present and voting in person or by proxy or by postal ballot, agree to any compromise or arrangement and if such compromise or arrangement is sanctioned by the tribunal by an order, the same shall be binding on the company, all the creditors, or class of creditors or members or class of members, as the case may be, or, in case of a company being wound-up, on the liquidator and the contributories of the company(7) an order made by the tribunal under sub-section (6) shall provide for all or any of the following matters, namely:—(a) where the compromise or arrangement provides for conversion of preferential shares into equity shares, such preference shareholders shall be given an option to either obtain arrears of dividend in cash or accept equity shares equal to the value of the dividend payable;(b) the protection of any class of creditors; (c) if the compromise or arrangement results in the variation of the shareholders'rights, it shall be given effect to under the provisions of section 42;(d) if the compromise or arrangement is agreed to by the creditors under subsection (6), any proceedings pending before the board for industrial and financial1 of 1986reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 shall abate;(e) such other matters as are in the opinion of the tribunal necessary to effectively implement the terms of the compromise or arrangement (8) the order of the tribunal shall be filed with the registrar by the company within thirty days of the receipt of the order(9) no compromise or arrangement under this section shall include any buy-back of securities as is provided under section 61(10) any compromise or arrangement may include takeover offer made in such manner as may be prescribed:provided that in case of listed companies, takeover offer shall be as per the guidelines issued by the securities and exchange boardexplanation—for the purposes of this section, "takeover offer" means an offer to acquire all the shares in a company or where there is more than one class of shares, all the shares of one or more classes, other than shares that at the date of the offer are already held by the offeror, and the terms of the offer are the same in relation to all the shares to which the offer relates or where the shares to which the offer relates include shares of different classes, in relation to all the shares of each class(11) an aggrieved party may make an application to the tribunal in the event of any grievances with respect to the takeover offer of companies other than listed companies in such manner as may be prescribed and the tribunal may, on application, pass such order as it may deem fitexplanation—for the removal of doubts, it is hereby declared that the provisions of section 59 shall not apply to the reduction of share capital effected in pursuance of the order of the tribunal under this section202 (1) where the tribunal makes an order under section 201 sanctioning a compromise or an arrangement in respect of a company, it—(a) shall have power to supervise the implementation of the compromise or arrangement; and power of tribunal to enforce compromise or arrangement(b) may, at the time of making such order or at any time thereafter, give such directions in regard to any matter or make such modifications in the compromise or arrangement as it may consider necessary for the proper implementation of the compromise or arrangement (2) if the tribunal is satisfied that the compromise or arrangement sanctioned under section 201 cannot be implemented satisfactorily with or without modifications, and the company is unable to pay its debts as per the scheme, it may make an order for winding-up the company and such an order shall be deemed to be an order made under section 248(3) the provisions of this section shall, so far as may be, also apply to a company in respect of which an order has been made before the commencement of this act sanctioning a compromise or an arrangementmerger and amalgamation of companies203 (1) where an application is made to the tribunal under section 201 for the sanctioning of a compromise or an arrangement proposed between a company and any such persons as are mentioned in that section, and it is shown to the tribunal—(a) that the compromise or arrangement has been proposed for the purposes of, or in connection with, a scheme for the reconstruction of the company or companies involving merger or the amalgamation of any two or more companies; and(b) that under the scheme, the whole or any part of the undertaking, property or liabilities of any company (hereinafter referred to as the transferor company) is required to be transferred to another company (hereinafter referred to as the transferee company), or is proposed to be divided among and transferred to two or more companies, the tribunal may on such application, order a meeting of the creditors or class of creditors or the members or class of members, as the case may be, to be called, held and conducted in such manner as the tribunal may direct and the provisions of sub-sections (3) to (6) of section 201 shall apply mutatis mutandis(2) where an order has been made by the tribunal under sub-section (1), merging companies or the companies in respect of which a division is proposed, shall also be required to circulate the following for the meeting so ordered by the tribunal, namely:—(a) the draft of the proposed terms of the scheme drawn up and adopted by the directors of the merging company;(b) confirmation that a copy of the draft scheme has been filed with the registrar; (c) a report adopted by the directors of the merging companies explaining effect of compromise on each class of shareholders laying out in particular the share exchange ratio, specifying any special valuation difficulties;(d) the report of the expert with regard to valuation, if any; (e) a supplementary accounting statement if the last annual accounts of any of the merging company relate to a financial year ending more than six months before the first meeting of the company summoned for the purposes of approving the scheme;(f) approval of the draft of the proposed terms by an ordinary resolution of the transferor company or, as the case may be, each of the transferor companies in the case of merger by formation by a new company (3) the tribunal, after satisfying itself that the procedure specified in subsections (1) and (2) has been complied with, may, by order, sanction the compromise or arrangement or by a subsequent order, make provision for all the following matters, namely:—(a) the transfer to the transferee company of the whole or any part of the undertaking, property or liabilities of the transferor company from a date to be determined by the parties unless the tribunal, for reasons to be recorded by it in writing, decides otherwise;(b) the allotment or appropriation by the transferee company of any shares, debentures, policies or other like instruments in the company which, under the compromise or arrangement, are to be allotted or appropriated by that company to or for any person;(c) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company on the date of transfer;(d) dissolution, without winding up, of any transferor company; (e) the provision to be made for any persons who, within such time and in such manner as the tribunal directs, dissent from the compromise or arrangement;(f) where there is an allotment of any foreign direct investment, such allotment to the transferor company and the transferee company at such percentage as may be specified in the order;(g) the transfer of the employees of the transferor company to the transferee company;(h) where the transferor company is a listed company and the transferee company is an unlisted company,–(i) the transferee company shall continue to be an unlisted company; (ii) if shareholders of the transferor company decide to opt out of the transferee company, provision shall be made for payment of the value of shares held by them and other benefits in accordance with a pre-determined price formula or after a valuation is made, and the arrangements under this provision may be made by the tribunal;(iii) if the transferor company is not dissolved, it shall become an unlisted company and if it is left with a small portion of the assets, the public shareholders may decide to opt out of the company and provision shall be made for the payment of the value of shares and other benefits in accordance with a predetermined price formula or after a valuation is made; (i) where the transferor company is dissolved, the fee, if any, paid by the transferee company on its authorised capital shall be set-off against any fees payable by the transferee company on its authorised capital subsequent to the amalgamation; and(j) such incidental, consequential and supplementary matters as are deemed necessary to secure that the merger or amalgamation is fully and effectively carried out (4) where an order under this section provides for the transfer of any property or liabilities, then, by virtue of the order, that property shall be transferred to the transferee company and the liabilities shall be transferred to and become the liabilities of the transferee company and any property may, if the order so directs, be freed from any charge which shall by virtue of the compromise or arrangement, cease to have effect(5) within thirty days after the making of an order under this section, every company in relation to which the order is made shall cause a certified copy thereof to be filed with the registrar for registration(6) where any default is made in complying with the provisions of this section, the transferor company or the transferee company or both shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of such companies who is in default, shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees, or with bothexplanation—for the purposes of this section,—(i) a scheme involves a merger and where under the scheme the undertaking, property and liabilities of one or more companies, including the company in respect of which the compromise or arrangement is proposed, are to be transferred to another existing company, it is a merger by absorption, or where the undertaking, property and liabilities of two or more companies, including the company in respect of which the compromise or arrangement is proposed, are to be transferred to a new company, whether or not a public company, it is a merger by formation of a new company;(ii) references to merging companies are in relation to a merger by absorption, to the transferor and transferee companies, and, in relation to a merger by formation of a new company, to the transferor companies;(iii) a scheme involves a division where under the scheme the undertaking, property and liabilities of the company in respect of which the compromise or arrangement is proposed are to be divided among and transferred to two or more companies each of which is either an existing company or a new company; and(iv) property includes assets, rights and interests of every description and liabilities include debts and obligations of every description 204 (1) notwithstanding the provisions of section 203, a scheme of merger or amalgamation may be entered into between two small companies or between a holding company and its wholly-owned subsidiary company, subject to the following, namely:—merger or amalgamation of certain companies(a) a notice of the proposed scheme inviting comments or objections, if any, from any persons affected by the scheme within thirty days is issued by both the transferor and the transferee company;(b) the objections received are considered by the companies in their respective general meetings and the scheme is approved by the respective members or class of members at a general meeting by passing a special resolution; and(c) the scheme is approved by three-fourths in value of the creditors or class of creditors of respective companies indicated in a meeting convened by the company by giving a notice of twenty-one days along with the scheme to its creditors for the purpose or otherwise approved in writing (2) the transferee company shall file a copy of the scheme so approved in the manner as may be prescribed, with the registrar and the official liquidator(3) on the receipt of the scheme, if the registrar or the official liquidator has no objections or comments to the scheme, the registrar shall register the same and issue a confirmation thereof to the companies(4) if the official liquidator has any objections or comments, he may communicate the same in writing to the registrar within a period of thirty days:provided that if no such communication is made by the official liquidator, it shall be presumed that he has no objection to the scheme(5) if the registrar after receiving the comments of the official liquidator or for any reason is of the opinion that such a scheme is not in public interest or in interest of the creditors, he may file an application before the tribunal within ninety days of the receipt of the scheme under sub-section (2) stating his objections and requesting that tribunal may consider the scheme under section 203(6) on receipt of an application from the registrar or from any person, if the tribunal, for reasons to be recorded in writing, is of the opinion that the scheme should be considered as per the procedure laid down in section 203, the tribunal may direct accordingly or it may confirm the scheme by passing such order as it deems fit:provided that if the registrar or the official liquidator does not have any objections to the scheme or they do not file any application under this section before the tribunal, it shall be deemed that they have no objection to the scheme(7) a copy of the order under sub-section (6) shall be communicated to the registrar and the persons concerned and the registrar shall register the scheme and issue a confirmation thereof to the companies(8) the registration of the scheme shall be deemed to have the effect of dissolution of the transferor company without process of winding up(9) the registration of the scheme shall have the following effects, namely:—(a) transfer of property or liabilities of the transferor company to the transferee company so that the property becomes the property of the transferee company and the liabilities become the liabilities of the transferee company;(b) the charges, if any, on the property of the transferor company shall be applicable and enforceable as if the charges were on the property of the transferee company;(c) legal proceedings by or against the transferor company pending before any court of law shall be continued by or against the transferee company; and(d) where the scheme provides for purchase of shares held by the dissenting shareholders or settlement of debt due to dissenting creditors, such amount, to the extent it is unpaid, shall become the liability of the transferee company (10) the transferee company shall file an application with the registrar along with the scheme registered, indicating the revised authorised capital and pay the prescribed fee due on revised capital:provided that the fee, if any, paid by the transferor company on its authorised capital prior to its merger or amalgamation with the transferee company shall be set off against the fees payable by the transferee company on its authorised capital enhanced by the merger or amalgamationamalgamation by mutualagreement205 (1) the provisions of this chapter shall apply mutatis mutandis to schemes of mergers and amalgamations between companies registered under this act and companies incorporated in the jurisdictions of such countries as may be notified from time to time by the central government(2) a foreign company may merge or amalgamate into a company registered under this act or vice versa and the terms and conditions of the scheme of merger or amalgamation may provide, among other things, for the payment of consideration to the shareholders of the merging company in cash, or in indian depository receipts, or partly in cash and partly in indian depository receipts, as the case may be, as per the scheme to be drawn up for the purposepower to acquire shares of shareholders dissenting from scheme or contract approved by majority206 (1) where a scheme or contract involving the transfer of shares or any class of shares in a company (the transferor company) to another company (the transferee company) has, within four months after the making of an offer in that behalf by the transferee company, been approved by the holders of not less than nine-tenths in value of the shares whose transfer is involved, other than shares already held at the date of the offer by, or by a nominee of the transferee company or its subsidiary companies, the transferee company may, at any time within two months after the expiry of the said four months, give notice in the prescribed manner to any dissenting shareholder that it desires to acquire his shares(2) where a notice under sub-section (1) is given, the transferee company shall, unless on an application made by the dissenting shareholder, within one month from the date on which the notice was given, the tribunal thinks fit to order otherwise, be entitled to and bound to acquire those shares on the terms on which, under the scheme or contract, the shares of the approving shareholders are to be transferred to the transferee company(3) where a notice has been given by the transferee company under sub-section (1)and the tribunal has not, on an application made by the dissenting shareholder, made an order to the contrary, the transferee company shall, on the expiry of one month from the date on which the notice has been given, or, if an application to the tribunal by the dissenting shareholder is then pending, after that application has been disposed of, send a copy of the notice to the transferor company together with an instrument of transfer, to be executed on behalf of the shareholder by any person appointed by the transferee company and on its own behalf by the transferor company, and pay or transfer to the transferor company the amount or other consideration representing the price payable by the transferee company for the shares which, by virtue of this section, that company is entitled to acquire, and the transferor company shall—(a) thereupon register the transferee company as the holder of those shares, and(b) within one month of the date of such registration, inform the dissenting shareholders of the fact of such registration and of the receipt of the amount or other consideration representing the price payable to them by the transferee company (4) any sum received by the transferor company under this section shall be paid into a separate bank account, and any such sum and any other consideration so received shall be held by that company in trust for the several persons entitled to the shares in respect of which the said sum or other consideration were respectively received and shall be disbursed to the entitled shareholders within sixty days(5) in relation to an offer made by a transferee company to shareholders of a transferor company before the commencement of this act, this section shall have effect with the following modifications, namely:—(a) in sub-section (1), for the words "the shares whose transfer is involved other than shares already held at the date of the offer by, or by a nominee of, the transferee company or its subsidiaries,", the words "the shares affected" shall be substituted; and(b) in sub-section (3), the words "together with an instrument of transfer, to be executed on behalf of the shareholder by any person appointed by the transferee company and on its own behalf by the transferor company" shall be omitted explanation—for the purposes of this section, "dissenting shareholder" includes a shareholder who has not assented to the scheme or contract and any shareholder who has failed or refused to transfer his shares to the transferee company in accordance with the scheme or contract207 (1) in the event of an acquirer, or a person acting in concert with such acquirer, becoming registered holder of ninety per cent or more of the issued equity share capital of a company, or in the event of any person or group of persons becoming ninety per cent majority or holding ninety per cent of the issued equity share capital of a company, by virtue of an amalgamation, share exchange, conversion of securities or for any other reason, such acquirer, person or group of persons, as the case may be, shall notify the company of their intention to buy the remaining equity shares(2) the acquirer, person or group of persons under sub-section (1) may offer to the minority shareholders of equity shares of the company for buying the equity shares held by such shareholders at a price determined on the basis of valuation by a registered valuer in accordance with such rules as may be prescribed(3) without prejudice to the provisions of sub-sections (1) and (2), the minority shareholders of the company may offer to the majority shareholders to purchase the minority equity shareholding of the company at the price determined in accordance with such rules as may be prescribed under sub-section (2)(4) the majority shareholders shall deposit an amount equal to the value of shares to be acquired by them under sub-section (2) or sub-section (3), as the case may be, in a separate bank account to be operated by the transferor company for payment to the minority shareholders and such amount shall be disbursed to the entitled shareholders within sixty days(5) in the event of a purchase under this section, whether wholly or partially, the transferor company shall act as a transfer agent for receiving and paying the price to the minority shareholders and as an agent for taking delivery of the shares and delivering such shares to the majority, as the case may be(6) in the absence of a physical delivery of shares by the shareholders within the time specified by the company, the share certificates shall be deemed to be cancelled, and the transferor company shall be authorised to issue shares in lieu of the cancelled shares and complete the transfer in accordance with law and make payment of the price out of deposit made under sub-section (4) by the majority in advance to the minority by dispatch of such payment(7) in the event of a majority shareholder or shareholders requiring a full purchase and making payment of price by deposit with the company for any shareholder or shareholders who have died or ceased to exist, or whose heirs, successors, administrators or assignees have not been brought on record by transmission, the right of such shareholders to make an offer for sale of minority equity shareholding shall continue and be available for a period of three years from the date of majority acquisition or majority shareholding(8) where the shares of minority shareholders have been acquired in pursuance of this section and as on or prior to the date of transfer following such acquisition, the shareholders holding seventy-five per cent or more minority equity shareholding negotiate or reach an understanding on a higher price for any transfer, proposed or agreed upon, of the shares held by them without disclosing the fact or likelihood of transfer taking place on the basis of such negotiation, understanding or agreement, the majority shareholders shall share the additional compensation so received by them with such minority shareholders on a pro rata basisexplanation—for the purposes of this section, the expressions "acquirer" and"person acting in concert" shall have the meanings respectively assigned to them in clause (b) and clause (e) of sub-regulation (1) of regulation 2 of the securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, 1997208 (1) where the central government is satisfied that it is essential in public interest that two or more companies should amalgamate, the central government may, by order notified in the official gazette, provide for the amalgamation of those companies into a single company with such constitution, with such property, powers, rights, interests, authorities and privileges, and with such liabilities, duties, and obligations, as may be specified in the orderpower of central government to provide for amalgamation of companies in public interest(2) the order under sub-section (1) may also provide for the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company and such consequential, incidental and supplemental provisions as may, in the opinion of the central government, be necessary to give effect to the amalgamation(3) every member or creditor, including a debenture holder, of each of the transferor companies before the amalgamation shall have, as nearly as may be, the same interest in or rights against the transferee company as he had in the company of which he was originally a member or creditor, and in case the interest or rights of such member or creditor in or against the transferee company are less than his interest in or rights against the original company, he shall be entitled to compensation to that extent, which shall be assessed by such authority as may be prescribed and every such assessment shall be published in the official gazette, and the compensation so assessed shall be paid to the member or creditor concerned by the transferee company(4) any person aggrieved by any assessment of compensation made by the prescribed authority under sub-section (3) may, within thirty days from the date of publication of such assessment in the official gazette, prefer an appeal to the tribunal and thereupon the assessment of the compensation shall be made by the tribunal(5) no order shall be made under this section unless—(a) a copy of the proposed order has been sent in draft to each of the companies concerned;(b) the time for preferring an appeal under sub-section (4) has expired, or where any such appeal has been preferred, the appeal has been finally disposed of; and(c) the central government has considered, and made such modifications, if any, in the draft order as it may deem fit in the light of any suggestions and objections which may be received by it from any such company within such period as the central government may fix in that behalf, not being less than two months from the date on which the copy aforesaid is received by that company, or from any class of shareholders therein, or from any creditors or any class of creditors thereof (6) copies of every order made under this section shall, as soon as may be after it has been made, be laid before each house of parliament209 (1) in relation to every offer of a scheme or contract involving the transfer of shares or any class of shares in the transferor company to the transferee company under this chapter,—registration of offer of schemes involving transfer of shares(a) every circular containing such offer and recommendation to the members of the transferor company by its directors to accept such offer shall be accompanied by such information and in such manner as may be prescribed;(b) every such offer shall contain a statement by or on behalf of the transferee company, disclosing the steps it has taken to ensure that necessary cash will be available; and(c) every such circular shall be presented to the registrar for registration and no such circular shall be issued until it is so registered: provided that the registrar may refuse, for reasons to be recorded in writing, to register any such circular which does not contain the information required to be given under clause (a) or which sets out such information in a manner likely to give a false impression, and communicate such refusal to the parties within thirty days of the application(2) an appeal shall lie to the tribunal against an order of the registrar refusing to register any circular under sub-section (1)(3) the director who issues a circular which has not been presented for registration and registered under clause (c) of sub-section (1), shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupeespreservation of books and papers of amalgamated companies210 the books and papers of a company which has been amalgamated with, or whose shares have been acquired by, another company under this chapter shall not be disposed of without the prior permission of the central government and before granting such permission, that government may appoint a person to examine the books and papers or any of them for the purpose of ascertaining whether they contain any evidence of the commission of an offence in connection with the promotion or formation, or the management of the affairs, of the transferor company or its amalgamation or the acquisition of its shares211 notwithstanding anything contained in any other act, the liability in respect of offences committed under this act by the officers in default, of the transferor company prior to its merger, amalgamation or acquisition shall continue after such acquisition, merger or amalgamationliability of the officers in respect of offences committed prior to amalgamation, transfer, etc chapter xvi prevention of oppression and mismanagement212 (1) any member of a company who complains that—application to tribunal for relief in cases of oppression,etc(a) the affairs of the company have been or are being conducted in a manner prejudicial to public interest or in a manner prejudicial or oppressive to him or any other member or members; or(b) the material change, not being a change brought about by, or in the interests of, any creditors, including debenture holders or any class of shareholders of the company, has taken place in the management or control of the company, whether by an alteration in the board of directors, or manager, or in the ownership of the company's shares, or if it has no share capital, in its membership, or in any other manner whatsoever, and that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to its interests or its members or any class of members, may apply to the tribunal, provided such member has a right to apply under section 215, for an order under this chapter(2) the central government, if it is of the opinion that the affairs of the company are being conducted in a manner prejudicial to public interest, it may itself apply to the tribunal for an order under this chapter213 (1) if, on any application made under section 212, the tribunal is of the opinion—powers of tribunal(a) that the company's affairs have been or are being conducted in a manner prejudicial or oppressive to any member or members or prejudicial to public interest; and(b) that to wind up the company would unfairly prejudice such member or members, but that otherwise the facts would justify the making of a winding up order on the ground that it was just and equitable that the company should be wound up, the tribunal may, with a view to bringing to an end the matters complained of, make such order as it thinks fit(2) without prejudice to the generality of the powers under sub-section (1), an order under that sub-section may provide for —(a) the regulation of the conduct of the affairs of the company in future; (b) the purchase of the shares or interests of any members of the company by other members thereof or by the company;(c) in the case of a purchase of its shares by the company as aforesaid, the consequent reduction of its share capital;(d) restrictions on the transfer of the shares of the company; (e) the termination, setting aside or modification, of any agreement, howsoever arrived at, between the company and the managing director, any other director or manager, upon such terms and conditions as may, in the opinion of the tribunal, be just and equitable in the circumstances of the case;(f) the termination, setting aside or modification of any agreement between the company and any person other than those referred to in clause (e):provided that no such agreement referred to in clause (e) or clause (f) shall be terminated, set aside or modified except after due notice and after obtaining the consent of the party concerned;(g) the setting aside of any transfer, delivery of goods, payment, execution or other act relating to property made or done by or against the company within three months before the date of the application under this section, which would, if made or done by or against an individual, be deemed in his insolvency to be a fraudulent preference;(h) removal of the managing director, manager or any of the directors of the company;(i) the manner in which the managing director or manager of the company may be appointed subsequent to an order removing the existing managing director or manager of the company made under clause (h);(j) appointment of such number of persons as directors, who may be required by the tribunal to report to the tribunal on such matters as the tribunal may direct;(k) imposition of costs as may be deemed fit by the tribunal; (l) any other matter for which, in the opinion of the tribunal, it is just and equitable that provision should be made (3) a certified copy of the order of the tribunal under sub-section (1) shall be filed by the company with the registrar within thirty days of the order of the tribunal(4) the tribunal may, on the application of any party to the proceeding, make any interim order which it thinks fit for regulating the conduct of the company's affairs upon such terms and conditions as appear to it to be just and equitable(5) where an order of the tribunal under sub-section (1) makes any alteration in the memorandum or articles of a company, then, notwithstanding any other provision of this act, the company shall not have power, except to the extent, if any, permitted in the order, to make, without the leave of the tribunal, any alteration whatsoever which is inconsistent with the order, either in the memorandum or in the articles(6) subject to the provisions of sub-section (1), the alterations made by the order in the memorandum or articles of a company shall, in all respects, have the same effect as if they had been duly made by the company in accordance with the provisions of this act and the said provisions shall apply accordingly to the memorandum or articles so altered(7) a certified copy of every order altering, or giving leave to alter, a company's memorandum or articles, shall within thirty days after the making thereof, be filed by the company with the registrar who shall register the same(8) where any default is made in complying with the provisions of sub-section (5), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty- five thousand rupees but which may extend to one lakh rupees, or with both214 (1) where an order made under section 213 terminates, sets aside or modifies an agreement such as is referred to in sub-section (2) of that section, —consequence of termination or modifications of certain agreements(a) such order shall not give rise to any claims whatever against the company by any person for damages or for compensation for loss of office or in any other respect either in pursuance of the agreement or otherwise;(b) no managing director or other director or manager whose agreement is so terminated or set aside shall, for a period of five years from the date of the order terminating or setting aside the agreement, without the leave of the tribunal, be appointed, or act, as the managing director or other director or manager of the company:provided that the tribunal shall not grant leave under this clause unless notice of the intention to apply for leave has been served on the central government and that government has been given a reasonable opportunity of being heard in the matter (2) any person who knowingly acts as a managing director or other director or manger of a company in contravention of clause (b) of sub-section (1), and every other director who is knowingly a party to such contravention, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees, or with both215 (1) the following members of a company shall have the right to apply under section 212, namely:—right to apply under section 212(a) in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less, or any member or members holding not less than one-tenth of the issued share capital of the company, subject to the condition that the applicant or applicants have paid all calls and other sums due on their shares;(b) in the case of a company not having a share capital, not less than one-fifth of the total number of its members:provided that the tribunal may, on an application made to it in this behalf, waive all or any of the requirements specified in clause (a) or clause (b) so as to enable the members to apply under section 212 explanation—for the purposes of this sub-section, where any share or shares are held by two or more persons jointly, they shall be counted only as one member(2) where any members of a company are entitled to make an application under subsection (1), any one or more of them having obtained the consent in writing of the rest, may make the application on behalf and for the benefit of all of themclass action216 (1) any one or more members or class of members or one or more creditors or anyclass of creditors may, if they are of the opinion that the management or control of the affairs of the company are being conducted in a manner prejudicial to the interests of the company or its members or creditors, file an application before the tribunal on behalf of the members and creditors for seeking all or any of the following orders, namely:—(a) to restrain the company from committing an act which is ultra vires thearticles or memorandum of the company;(b) to restrain the company from committing breach of any provision of thecompany's memorandum or articles;(c) to declare a resolution altering the memorandum or articles of the companyas void if the resolution was passed by suppression of material facts or obtained by misstatement to the members or creditors;(d) to restrain the company and its directors from acting on such resolution; (e) to restrain the company from doing an act which is contrary to the provisionsof this act or any other law for the time being in force;(f) to restrain the company from taking action contrary to any resolution passedby the members(2) any order passed by the tribunal shall be binding on the company and all its members and creditors(3) any company which fails to comply with an order passed by the tribunal under this section shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both217 sections 386 to 390 (both inclusive) shall apply in relation to a fraudulent application made to the tribunal under section 212 or section 216liability for making fraudulent application chapter xvii registered valuersvaluation by registered valuers218 where under any provision of this act, valuation is required to be made in respect of any property, stocks, shares, debentures, securities or goodwill (hereinafter in this chapter referred to as the assets) or net worth of a company or its assets, it shall be valued by a person registered as a valuer under this chapter and appointed by the audit committee or in its absence by the board of directors of that companyregistration of valuers219 (1) the central government shall maintain a register to be called as the register of valuers in which it shall enter the names and addresses of persons registered under subsection (2) as valuers(2) any chartered accountant, cost and works accountant, company secretary or other persons possessing such qualifications as may be prescribed may apply to the central government in the prescribed form for being registered as a valuer under this section:provided that no company or body corporate shall be eligible to apply (3) every application under sub-section (2) shall be accompanied by such fee as may be prescribed, containing a declaration to the effect that the applicant shall—(a) make an impartial and true valuation of any assets which may be required to be valued;(b) make the valuation in accordance with such rules as may be prescribed, and (c) shall not undertake valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time during the valuation of the assetsappointment of committee of experts220 (1) the central government may, for the purposes of section 219, by an order, appoint a committee of experts consisting of such number of qualified persons holding such qualifications as may be prescribed(2) the committee appointed under sub-section (1) shall scrutinise the applications received under sub-section (2) of section 219 and recommend suitable names for the purpose of inclusion in the register of valuerspractice as registered valuers221 (1) no person, either alone or in partnership with any other person, shall practise, describe or project himself as a registered valuer for the purposes of this act or permit himself to be so described or projected unless he is registered as a valuer, or, as the case may be, he and all his partners are so registered under this chapter(2) the report of valuation of any assets by a registered valuer shall be submitted in the prescribed form and be verified in the prescribed manner(3) a registered valuer shall not charge at a rate exceeding the rate as may be prescribed in this behalf222 where any person who is registered as a valuer under section 219 or who has made an application for registration as a valuer under that section is, at any time thereafter,—furnishing of particulars in certain cases(a) sentenced to a term of imprisonment for any offence; or (b) in a case where he is a member of any association or institute having as its object the control, supervision, regulation or encouragement of the profession of accountancy, cost and works accountants or company secretaries or such other profession as the central government may specify in this behalf by notification, found guilty of misconduct in his professional capacity, by such association or institute, he shall immediately after such conviction or finding intimate the particulars thereof to the central government223 (1) the central government may remove the name of any person from the register of valuers where it is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it thinks fit,—removal and restoration of names of valuers from register(a) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or(b) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which, in the opinion of the central government, renders him unfit to be kept in the register (2) the central government may on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom(3) without prejudice to the provisions of sub-sections (1) and (2), the central government shall, once in three years, review the performance of all the registered valuers and may remove the name of any person from the register of valuers where it is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it thinks fit to make, that his performance is such that his name should not remain on the register of valuers(4) the inquiry to be made under this section shall be made by such officer and he shall, for the purpose of such inquiry, have such powers, as may be prescribed chapter xviii removal of names of companies from the register224 (1) where the registrar has reasonable cause to believe that —(a) a company has failed to commence its business within one year of its incorporation;power of registrar to remove name of a company from register(b) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay within a period of one hundred and eighty days from the date of incorporation of a company and a declaration under sub-section (1) of section10 to this effect has not been filed within one hundred and eighty days of its incorporation; or(c) a company is not carrying on any business or operation for a period of one year and has not made any application within such period for obtaining the status of a dormant company under section 413, he shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register and requesting them to send their representations along with copies of the relevant documents, if any, within a period specified in the notice(2) without prejudice to the provisions of sub-section (1), a company by a special resolution or consent of seventy-five per cent members in terms of share capital may also file an application in the prescribed manner to the registrar for removing the name of the company from the register on all or any of the grounds specified in sub-section (1) and the registrar shall, on receipt of such application, cause a public notice to be sent in the prescribed manner:provided that in the case of a company regulated under a special act, approval of the regulatory body constituted or established under that act shall also be obtained and enclosed with the application(3) nothing in sub-section (2) shall apply to a company registered under section 4 (4) a notice issued under sub-section (1) or sub-section (2) shall be published in the prescribed manner and also in the official gazette for the information of the general public(5) at the expiry of the time mentioned in the notice, the registrar may, unless cause to the contrary is shown by the company, strike its name off the register, and shall publish notice thereof in the official gazette, and on the publication in the official gazette of this notice, the company shall stand dissolved(6) the registrar, before passing an order under sub-section (5), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company:provided that notwithstanding the undertakings referred to in this sub-section, the assets of the company shall be made available for the payment or discharge of all its liabilities and obligations even after the date of the order removing the name of the company from the register(7) the liability, if any, of every director, manager or other officer who was exercising any power of management, and of every member of the company dissolved under subsection (5), shall continue and may be enforced as if the company had not been dissolved(8) nothing in this section shall affect the power of the tribunal to wind up a company the name of which has been struck off the register225 (1) an application under sub-section (2) of section 224 on behalf of a company shall not be made if, at any time in the previous three months, the company—no application under section 224 in certain situations(a) has changed its name; (b) has traded or otherwise carried on business; (c) has made a disposal for value, of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;(d) has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so, or concluding the affairs of the company, or complying with any statutory requirement;(e) has made an application to the tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded; or(f) is being wound up under chapter xx, whether voluntarily or by the tribunal(2) if a company files an application under sub-section (2) of section 224 in violation of sub-section (1), it shall be punishable with fine which may extend to one lakh rupees(3) an application filed under sub-section (2) of section 224 shall be withdrawn by the company or rejected by the registrar as soon as conditions under sub-section (1) are brought to his noticeeffect of a company notified as dissolved226 where a company stands dissolved under section 224, it shall on and from the date mentioned in the notice under sub-section (5) of that section cease to operate as a company and the certificate of incorporation issued to it shall be deemed to have been cancelled from such date except for the purpose of realising the amount due to the company and for the payment or discharge of the liabilities or obligations of the companyfraudulent application for removal of name227 (1) where it is found that an application by a company under sub-section (2) of section 224 has been made with the object of evading the liabilities of the company or with the intention to deceive the creditors or to defraud any other persons, the persons in charge of the management of the company shall, notwithstanding that the company has been notified as dissolved, be jointly and severally liable to any person or persons who had incurred loss or damage as a result of the company being notified as dissolved(2) without prejudice to any action under sub-section (1), the registrar may also recommend prosecution of the persons responsible for the filing of an application under that sub-sectionappeal to tribunal228 (1) any person aggrieved by an order of the registrar notifying a company as dissolved under section 224, may file an appeal to the tribunal within a period of three years from the date of the order of the registrar and if the tribunal is of the opinion that the removal of the name of the company from the register is not justified in view of the absence of any of the grounds on which the order was passed by the registrar, it may order restoration of the name of the company in the register:provided that before passing any order under this section, the tribunal shall give a reasonable opportunity of making representations and of being heard to the registrar, the company and all the persons concerned(2) a copy of the order passed by the tribunal shall be filed by the company with the registrar within thirty days from the date of the order and on receipt of the order, the registrar shall cause the name of the company to be restored in the register and shall issue a fresh certificate of incorporation(3) if a company, or any member or creditor thereof, feels aggrieved by the company having its name struck off the register, the tribunal on an application made by the company, member or creditor before the expiry of twenty years from the publication in the official gazette of the notice under sub-section (5) of section 224 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register, order the name of the company to be restored to the register, and the tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off the register chapter xix revival and rehabilitation of sick companiesdetermination of sickness229 (1) where on a demand by the secured creditors of a company representing fifty per cent or more of its outstanding amount of debt, the company has failed to pay the debt within thirty days of the service of the notice of demand or to secure or compound it to the reasonable satisfaction of the creditors, any secured creditor may file an application to the tribunal in the prescribed manner along with the relevant evidence for such default, nonrepayment or failure to offer security or compound it, for a determination that the company be declared as a sick company(2) the applicant under sub-section (1) may along with an application under that sub-section or at any stage of the proceedings thereafter, make an application for the stay of any proceedings for the winding up of the company or for execution, distress or the like against any properties and assets of the company or for the appointment of a receiver in respect thereof and that no suit for the recovery of any money or for the enforcement of any security against the company shall lie or be proceeded with(3) the tribunal may pass an order in respect of an application under sub-section (2)which shall be operative for a period of one hundred and twenty days(4) the company referred to in sub-section (1) may also file an application to the tribunal on one or more of the grounds specified in that sub-section(5) where an application under sub-section (1) or sub-section (4) has been filed,—(a) the company shall not dispose of or otherwise enter into any obligations with regard to, its properties or assets except as required in the normal course of business;(b) the board of directors shall not take any steps likely to prejudice the interests of the creditors (6) the tribunal shall, within sixty days of the receipt of an application under sub-section (1) or sub-section (4), determine whether the company is a sick company or not:provided that no such determination shall be made in respect of an application under sub-section (1) unless the company has been given notice of the application and a reasonable opportunity to reply to the notice within thirty days of the receipt thereofapplication for revival and rehabilitation230 (1) on the determination of a company as a sick company by the tribunal under section 229, any secured creditor of that company or the company may make an application to the tribunal for the determination of the measures that may be adopted with respect to the revival and rehabilitation of such company:54 of 2002provided that where the financial assets of the sick company had been acquired by any securitisation company or reconstruction company under sub-section (1) of section 5of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, no such application shall be made without the consent of three-fourths of the secured creditors in value of the amount outstanding against financial assistance disbursed to the sick company(2) an application under sub-section (1) shall be accompanied by —(a) audited financial statements of the company relating to the immediately preceding financial year,(b) such particulars and documents, duly authenticated in such manner, along with such fee as may be prescribed, and(c) a draft scheme of revival and rehabilitation of the company in such manner as may be prescribed:provided that where the sick company has no draft scheme of revival and rehabilitation to offer, it shall file a declaration to that effect along with the application (3) an application under sub-section (1) shall be made to the tribunal within sixty days from the date of determination of the company as a sick company by the tribunal under section 229231 (1) on the receipt of an application under section 230, the tribunal shall, not later than seven days from such receipt thereof, —appointment of interim administrator(a) fix a date for hearing not later than ninety days from date of the receipt; (b) appoint an interim administrator to convene a meeting of creditors of the company in accordance with the provisions of section 232 to be held not later than forty-five days from receipt of the order of the tribunal appointing him to consider whether on the basis of the particulars and documents furnished with the application made under section 230, the draft scheme, if any, filed along with such application or otherwise and any other material available, it is possible to revive and rehabilitate the sick company and such other matters, which the interim administrator may consider necessary for the purpose and to submit his report to the tribunal within sixty days from the date of the order:provided that where no draft scheme is filed by the company and a declaration has been made to that effect by the board of directors, the tribunal may direct the interim administrator to take over the management of the company; and(c) issue such other directions to the interim administrator as the tribunal may consider necessary to protect and preserve the assets of the sick company and for its proper management (2) where an interim administrator has been directed to take over the management of the company, the directors and the management of the company shall extend all possible assistance and cooperation to the interim administrator to manage the affairs of the companycommittee of creditors232 (1) the interim administrator shall appoint a committee of creditors with such number of members as he may determine, but not exceeding seven, and as far as possible a representative each of every class of creditors should be represented in the committee(2) the holding of the meeting of the committee of creditors and the procedure to be followed at such meetings, including the appointment of its chairman, shall be decided by the interim administrator(3) the interim administrator may direct any promoter, director or any key managerial personnel to attend any meeting of the committee of creditors and to furnish such information as may be considered necessary by the interim administratororder of tribunal233 on the date of hearing fixed by the tribunal and on consideration of the reportof the interim administrator filed under sub-section (1) of section 231, if the tribunal issatisfied that the creditors representing three-fourths in value of the amount outstanding against the sick company present and voting have resolved that—(a) it is not possible to revive and rehabilitate such company, the tribunal shallrecord such opinion and order that the proceedings for the winding up of the company be initiated; or(b) by adopting certain measures the sick company may be revived andrehabilitated, the tribunal shall appoint a company administrator for the company and cause such administrator to prepare a scheme of revival and rehabilitation of the sick company:provided that the tribunal may, if it so thinks fit, appoint an interim administratoras the company administratorappointment of administrator234 (1) the interim administrator or the company administrator, as the case may be,shall be appointed by the tribunal from a panel maintained by the central government consisting of the names of advocates, company secretaries, chartered accountants, cost and works accountants and such other professionals as may, by notification, be specified by the central government(2) the terms and conditions of the appointment of interim and company administrators shall be such as may be ordered by the tribunal(3) the tribunal may direct the company administrator to take over the assets or management of the company and for the purpose of assisting him in the management of the company, the company administrator may, with the approval of the tribunal, engage the services of suitable expert or experts235 (1) the company administrator shall perform such functions as the tribunal maydirectpowers and duties of company administrator(2) without prejudice to the provisions of sub-section (1), the company administratormay cause to be prepared with respect to the company —(a) a complete inventory of —(i) all assets and liabilities of whatever nature; (ii) all books of accounts, registers, maps, plans, records, documents of title and all other documents of whatever nature; (b) a list of shareholders and a list of creditors showing separately in the list of creditors, the secured creditors and unsecured creditors;(c) a valuation report in respect of the shares and assets in order to arrive at the reserve price for the sale of any industrial undertaking of the company or for the fixation of the lease rent or share exchange ratio;(d) an estimate of the reserve price, lease rent or share exchange ratio; (e) pro forma accounts of the company, where no up-to-date audited accounts are available; and(f) a list of workmen of the company and their dues referred to under sub-section (3) of section 300scheme of revival and rehabilitation236 (1) the company administrator shall prepare or cause to be prepared a scheme of revival and rehabilitation of the sick company after considering the draft scheme filed along with the application under section 230(2) a scheme prepared in relation to any sick company under sub-section (1) may provide for any one or more of the following measures, namely:—(a) the financial reconstruction of such sick company; (b) the proper management of such sick company by any change in, or by taking over, the management of such sick company;(c) the amalgamation of —(i) such sick company with any other company; or (ii) any other company with such sick company;(d) takeover of the sick company by a solvent company; (e) the sale or lease of a part or whole of any asset or business of such sick company;(f) the rationalisation of managerial personnel, supervisory staff and workmen in accordance with law;(g) such other preventive, ameliorative and remedial measures as may be appropriate;(h) repayment or rescheduling or restructuring of the debts or obligations of the company to any of its creditors or class of creditors;(i) such incidental, consequential or supplemental measures as may be necessary or expedient in connection with or for the purposes of the measures specified in clauses (a) to (h)sanction of scheme237 (1) the scheme prepared by the company administrator under section 236 shall be placed before the creditors of the sick company in a meeting convened for their approval by the company administrator within the period of sixty days from his appointment, which may be extended by the tribunal up to a period not exceeding one hundred twenty days(2) the company administrator shall convene separate meetings of secured and unsecured creditors of the sick company and if the scheme is approved by the unsecured creditors representing one-fourth in value of the amount owed by the company to such creditors and the secured creditors, representing three-fourths in value of the amount outstanding against financial assistance disbursed by such creditors to the sick company, the company administrator shall submit the scheme before the tribunal for sanctioning the scheme:provided that where the scheme relates to amalgamation of the sick company with any other company, such scheme shall, in addition to the approval of the creditors of the sick company under this sub-section, be laid before the general meeting of both the companies for approval by their respective shareholders and no such scheme shall be proceeded with unless it has been approved, with or without modification, by a special resolution passed by the shareholders of that company(3) on the receipt of the scheme under sub-section (2), the tribunal shall within sixty days therefrom, after satisfying that the scheme had been validly approved in accordance with this section, pass an order sanctioning such scheme(4) where a sanctioned scheme provides for the transfer of any property or liability of the sick company to any other company or person or where such scheme provides for the transfer of any property or liability of any other company or person in favour of the sick company, then, by virtue of, and to the extent provided in, the scheme, on and from the date of coming into operation of the sanctioned scheme or any provision thereof, the property shall be transferred to, and vest in, and the liability shall become the liability of, such other company or person or, as the case may be, the sick company(5) the sanction accorded by the tribunal under sub-section (3) shall be conclusive evidence that all the requirements of the scheme relating to the reconstruction or amalgamation or any other measure specified therein have been complied with and a copy of the sanctioned scheme certified in writing by an officer of the tribunal to be a true copy thereof shall in all legal proceedings be admitted as evidence(6) a copy of the sanctioned scheme referred to in sub-section (3) shall be filed with the registrar by the sick company within a period of thirty days from the date of receipt of a copy thereofscheme to be binding238 on and from the date of the coming into operation of the sanctioned scheme orany provision thereof, the scheme or such provision shall be binding on the sick company and the transferee company or, as the case may be, the other company and also on the shareholders, creditors and guarantors of the said companiesimplementation of the scheme239 (1) the tribunal shall, for the purpose of effective implementation of the scheme,have power to enforce, modify or terminate any contract or agreement or any obligation pursuant to such agreement or contract entered into by the company with any other person(2) the tribunal may, if it deems necessary or expedient so to do, by order in writing, authorise the company administrator appointed under section 234 to implement a sanctioned scheme till its successful implementation on such terms and conditions as may be specified in the order and may for that purpose require him to file periodic reports on the implementation of the sanctioned scheme(3) where the whole or substantial assets of the undertaking of the sick company are sold under a sanctioned scheme, the sale proceeds shall be applied towards implementation of the scheme in such manner as the tribunal may direct(4) where it is difficult to implement the scheme for any reason or the scheme fails due to non-implementation of obligations under the scheme by the parties concerned, the company administrator authorised to implement the scheme and where there is no such administrator, the company, the secured creditors, or the transferee company in a case of amalgamation, may make an application before the tribunal for modification of the scheme or to declare the scheme as failed, as the case may be, and request it that the company may be wound up(5) the tribunal shall, within thirty days of presentation of an application under subsection (4), pass an order for modification of the scheme or, as the case may be, declaring the scheme as failed and pass an order for the winding up of the company if three-fourths in value of the secured creditors consent to the modification of the scheme or winding up of the company(6) where an application under sub-section (4) has been made before the tribunal and such application is pending before it, such application shall abate, if the secured creditors representing not less than three-fourths in value of the amount outstanding against financial assistance disbursed to the sick company have taken any measures to recover their secured debt under sub-section (4) of section 13 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002240 (1) if the scheme is not approved by the creditors in the manner specified in subsection (2) of section 237, the company administrator shall submit a report to the tribunal and the tribunal shall order for the winding up of the sick companywinding up of company on report of company administrator(2) on the passing of an order under sub-section (1), the tribunal shall conduct the proceedings for winding up of the sick company in accordance with the provisions of chapter xx241 (1) if, in the course of the scrutiny or implementation of any scheme or proposal including the draft scheme or proposal, it appears to the tribunal that any person who has taken part in the promotion, formation or management of the sick company or its undertaking, including any past or present director, manager or officer or employee of the sick company—power of tribunal to assess damages against delinquent directors, etc(a) has misapplied or retained, or become liable or accountable for, any money or property of the sick company; or(b) has been guilty of any misfeasance, malfeasance or nonfeasance or breach of trust in relation to the sick company, it may, by order, direct him to repay or restore the money or property, with or without interest, as it thinks just, or to contribute such sum to the assets of the sick company or the other person, entitled thereto by way of compensation in respect of the misapplication, retainer, misfeasance, malfeasance, nonfeasance or breach of trust as the tribunal thinks just and proper:provided that such direction by the tribunal shall be without prejudice to any other legal action that may be taken against the person(2) if the tribunal is satisfied on the basis of the information and evidence in its possession with respect to any person who is or was a director or an officer or other employee of the sick company, that such person by himself or along with others had diverted the funds or other property of such company for any purpose other than the purposes of the company or had managed the affairs of the company in a manner highly detrimental to the interests of the company, the tribunal shall, by order, direct the public financial institutions, scheduled banks and state level institutions not to provide, for a maximum period of ten years from the date of the order, any financial assistance to such person or any firm of which such person is a partner or any company or other body corporate of which such person is a director, by whatever name called, or to disqualify the said director, promoter, manager from being appointed as a director in any company registered under this act for a maximum period of six years(3) no order shall be made by the tribunal under this section against any person unless such person has been given a reasonable opportunity for making his submissionspunishment for certain offences242 whoever violates the provisions of this chapter or any scheme, or any order, of the tribunal or the appellate tribunal or makes a false statement or gives false evidence before the tribunal or the appellate tribunal, or attempts to tamper the records of reference or appeal filed under this act, he shall be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to ten lakh rupeesbar of jurisdiction243 no appeal shall lie in any court or other authority and no civil court shall have any jurisdiction in respect of any matter in respect of which the tribunal or the appellate tribunal is empowered by or under this chapter and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this chapter244 (1) there shall be formed for the purposes of rehabilitation, revival and liquidation of sick companies, a fund to be called the rehabilitation and insolvency fundrehabilitation and insolvency fund(2) there shall be credited to the fund—(a) any amount given as grants by the central government for the purposes of this fund,(b) any amount given to the fund from any other source, (c) any income from investment of the amount in the fund, and (d) any amount deposited by the companies as contribution to the fund(3) a company that has contributed any amount to the fund shall, in the event of proceedings initiated in respect of such company under this chapter or chapter xx, may make an application to the tribunal for withdrawal of funds not exceeding the amount contributed by it, for making payments to workmen, protecting the assets of the company or meeting the incidental costs during proceedings(4) the fund shall be managed by an independent administrator to be appointed by the central government in the manner as may be prescribed chapter xx winding up245 (1)the winding up of a company may be either—modes of winding up(a) by the tribunal, or (b) voluntary(2) notwithstanding anything contained in any other act, the provisions of this act with respect to winding up shall apply to the winding up of a company in any of the modes specified under sub-section (1) part i winding up by the tribunal246 (1) a company may be wound up by the tribunal,—(a) if the company is unable to pay its debts;circumstances in which a company may be wound up by tribunal(b) if the company has, by special resolution, resolved that the company be wound up by the tribunal;(c) if the company has acted against the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality;(d) if the tribunal has ordered the winding up of the company under chapter xix;(e) if on an application made by the registrar or any other person authorised by 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 been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up;(f) 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(g) if the tribunal is of the opinion that it is just and equitable that the company should be wound up (2) a company shall be deemed to be unable to pay its debts,—(a) if a creditor, by assignment or otherwise, to whom the company is indebted for an amount exceeding one lakh rupees then due, has served on the company, by causing it to be delivered at its registered office, by registered post or otherwise, a demand requiring the company to pay the amount so due and the company has failed to pay the sum within twenty-one days after the receipt of such demand or to provide adequate security or re-structure or compound the debt to the reasonable satisfaction of the creditor;(b) if any execution or other process issued on a decree or order of any court or tribunal in favour of a creditor of the company is returned unsatisfied in whole or in part; or(c) if it is proved to the satisfaction of the tribunal that the company is unable to pay its debts, and, in determining whether a company is unable to pay its debts, the tribunal shall take into account the contingent and prospective liabilities of the companypetition for winding up247 (1) a petition to the tribunal for the winding up of a company shall be presented by—(a) the company, (b) any creditor or creditors, including any contingent or prospective creditor or creditors,(c) any contributory or contributories, (d) all or any of the persons specified in clauses (a), (b) and (c) together,(e) the registrar,(f) any person authorised by the central government in that behalf, or (g) in a case falling under clause (d) of sub-section (1) of section 246, by the central government or a state government (2) a secured creditor, the holder of any debentures, whether or not any trustee or trustees have been appointed in respect of such holders, and the trustee for the holders of debentures, shall be deemed to be creditors within the meaning of clause (b) of sub-section(1)(3) 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(4) the registrar shall be entitled to present a petition for winding up under subsection (1) on any of the grounds specified in sub-section (1) of section 246, except on the ground specified in clause (d) of that sub-section:provided that the registrar shall not present a petition on the ground that the company is unable to pay its debts unless it appears to him either from the financial condition of the company as disclosed in its balance sheet or from the report of an inspector appointed under section 183 that the company is unable to pay its debts:provided further that the registrar shall obtain the previous sanction of the central government to the presentation of a petition:provided also that the central government shall not accord its sanction under the preceding proviso, unless the company concerned has been given a reasonable opportunity of making representations(5) a petition filed by the company for winding up before the tribunal shall be admitted only if accompanied by a statement of affairs in such form and manner as may be prescribed(6) before a petition for winding up of a company presented by a contingent or prospective creditor is admitted, the leave of the tribunal shall be obtained for the admission of the petition and such leave shall not be granted, unless in the opinion of the tribunal there is a prima facie case for the winding up of the company and until such security for costs has been given as the tribunal thinks reasonablepowers of tribunal248 (1) the tribunal may, on receipt of a petition for winding up under section 247pass any of the following orders, namely:—(a) dismiss it, with or without costs; (b) make any interim order as it thinks fit; (c) appoint a provisional liquidator of the company till the making of a winding up order;(d) make an order for the winding up of the company with or without costs; or (e) any other order as it thinks fit:provided that an order under this sub-section shall be made within ninety days from the date of presentation of the petition:provided further that before appointing a provisional liquidator under clause (c), the tribunal shall give notice to the company and afford a reasonable opportunity to it to make its representations, if any, unless for special reasons to be recorded in writing, the tribunal thinks fit to dispense with such notice:provided also that the tribunal shall not refuse to make a winding up order on the ground only that the assets of the company have been mortgaged for an amount equal to or in excess of those assets, or that the company has no assets(2) where a petition is presented on the ground that it is just and equitable that the company should be wound up, the tribunal may refuse to make an order of winding up, if it is of the opinion that some other remedy is available to the petitioners and that they are acting unreasonably in seeking to have the company wound up instead of pursuing that other remedydirections for filing statement of affairs249 (1) where a petition for winding up is filed before the tribunal by any person other than the company, the tribunal shall, if satisfied that a prima facie case for winding up of the company is made out, by an order direct the company to file its objections along with a statement of its affairs in such form and manner as may be prescribed within thirty days of the order:provided that the tribunal may direct the petitioner to deposit such security for costs as it may consider reasonable as a precondition to issue directions to the company(2) a company, which fails to file the statement of affairs as referred to in sub-section(1), shall forfeit the right to oppose the petition and such directors and officers of the company as found responsible for such non-compliance, shall be punishable as per the provision of sub-section (4)(3) the directors and other officers of the company, in respect of which an order for winding up is passed by the tribunal under clause (d) of sub-section (1) of section 248, shall, within sixty days of such order, submit, at the cost of the company, the books of accounts of the company completed and audited up to the date of the order, to such liquidator and in the manner specified by the tribunal(4) where a contravention of this section occurs, the directors and other officers of the company who are responsible for such contravention shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees, or with both250 (1) for the purposes of winding up of a company by the tribunal, there shall be a company liquidator who shall be appointed by the tribunal at the time of the passing of the order of winding upcompany appointments(2) the provisional liquidator or the company liquidator, as the case may be, shall be appointed from a panel maintained by the central government consisting of the names of chartered accountants, advocates, company secretaries, cost and works accountants or firms or bodies corporate having such chartered accountants, advocates, company secretaries, cost and works accountants and such other professionals as may be notified by the central government or from a firm or a body corporate of persons having a combination of such professionals as may be prescribed and having at least ten years' experience in company matters and such other qualifications as may be prescribed(3) the central government may remove the name of any person or firm or body corporate from the panel maintained under sub-section (2) on the grounds of misconduct, fraud, misfeasance, breach of duties or professional incompetence:provided that the central government before removing him or it from panel shall give him or it a reasonable opportunity of being heard(4) the terms and conditions of appointment of a liquidator and the fee payable to him shall be specified by the tribunal on the basis of task required to be performed, experience, qualification and size of the company(5) on appointment as provisional liquidator or company liquidator, as the case may be, such liquidator shall file a declaration in the prescribed form disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the tribunal and such obligation shall continue throughout the term of his or its appointment(6) while passing a winding up order, the tribunal may appoint a provisional liquidator, if any, appointed under clause (c) of sub-section (1) of section 248, as the company liquidator for the conduct of the proceedings for the winding up of the companyremoval and replacement of liquidator251 (1) the tribunal may, on a reasonable cause being shown and for reasons to be recorded in writing, remove the provisional liquidator or the company liquidator, as the case may be, as liquidator of the company on any of the following grounds, namely:—(a) misconduct, (b) fraud or misfeasance, (c) professional incompetence or failure to exercise due care and diligence in performance of the powers and functions;(d) inability to act as liquidator, (e) conflict of interest or lack of independence during the term of his appointment that would justify removal (2) in the event of death, resignation or removal of the liquidator under this section, the tribunal may transfer the work assigned to him to another company liquidator for reasons to be recorded in writing(3) where the tribunal is of the opinion that any liquidator is responsible for causing any loss or damage to the company due to fraud or misfeasance or failure to exercise due care and diligence in the performance of his powers and functions, the tribunal may recover or cause to be recovered such loss or damage from the liquidator and pass such other orders as it may think fit(4) the tribunal shall, before passing any order under this section, provide a reasonable opportunity of hearing to the liquidator252 (1) where the tribunal makes an order for the winding up of a company, it shall, within a period not exceeding fifteen days from the date of passing of the order, cause intimation thereof to be sent to the company liquidator and the registrarwinding up order to be communicated to registrar(2) on receipt of the copy of the winding up order, the registrar shall make an endorsement to that effect in his records relating to the company and notify in the official gazette that such an order has been made(3) the winding up order shall be deemed to be a notice of discharge to the officers, employees and workmen of the company, except when the business of the company is continued| effect | of ||--------------------------------------------------------------------------------------------|------|| winding | up || order | || 253 | || the order for the winding up of a company shall operate in favour of all the | || creditors and all contributories of the company as if it had been made out on the joint | || petition of creditors and contributories | || stay of suits, | || etc, | on || winding | up || order | || 254 | || ( | || 1 | || ) when a winding up order has been passed or a provisional lquidator has | || been appointed, no suit or other legal proceeding shall be commenced, or if pending at the | || date of the winding up order, shall be proceeded with, by or against the company, except | || with the leave of the tribunal and subject to such terms as the tribunal may impose: | |provided that any application to the tribunal seeking leave under this section shall be disposed of by the tribunal within sixty days(2) nothing in sub-section (1) shall apply to any proceeding pending in appeal before the supreme court or a high courtjurisdiction of tribunal255 the tribunal shall, notwithstanding anything contained in any other law for thetime being in force, have jurisdiction to entertain, or dispose of,—(a) any suit or proceeding by or against the company; (b) any claim made by or against the company, including claims by or against any of its branches in india;(c) any application made under section 204; (d) any scheme submitted under section 237; (e) any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in the course of the winding up of the company, whether such suit or proceeding has been instituted, or such claim or question has arisen or arises or such application has been made or such scheme has been submitted, before or after the winding up order is made256 (1) where the tribunal has made a winding up order or appointed a company liquidator, such liquidator shall, within sixty days from the order, submit to the tribunal, a report containing the following particulars, namely:—submission of report by company liquidator(a) the nature and details of the assets of the company including their location and value, stating separately the cash balance in hand and in the bank, if any, and the negotiable securities, if any, held by the company:provided that the valuation of the assets shall be obtained from registered valuers for this purpose;(b) amount of capital issued, subscribed and paid up; (c) the existing and contingent liabilities of the company including names, addresses and occupations of its creditors, stating separately the amount of secured and unsecured debts, and in the case of secured debts, particulars of the securities given, whether by the company or an officer thereof, their value and the dates on which they were given;(d) the debts due to the company and the names, addresses and occupations of the persons from whom they are due and the amount likely to be realised on account thereof;(e) guarantees, if any, extended by the company; (f) list of contributories and dues if any payable by them and details of any unpaid call;(g) details of trade marks and intellectual properties, if any, owned by the company;(h) details of subsisting contracts, joint ventures and collaborations, if any;(i) details of holding and subsidiary companies, if any;(j) details of legal cases filed by or against the company; and (k) any other information which the tribunal may direct or the company liquidator may consider necessary to include (2) the company liquidator shall include in his report the manner in which the company was promoted or formed and whether in his opinion any fraud has been committed by any person in its promotion or formation or by any officer of the company in relation to the company since the formation thereof and any other matters which, in his opinion, it is desirable to bring to the notice of the tribunal(3) the company liquidator shall also make a report on the viability of the business of the company or the steps which, in his opinion, are necessary for maximising the value of the assets of the company(4) the company liquidator may also, if he thinks fit, make any further report or reports(5) any person describing himself in writing to be a creditor or a contributory of the company shall be entitled by himself or by his agent at all reasonable times to inspect the report submitted in accordance with this section and take copies thereof or extracts therefrom on payment of the prescribed fee257 (1) the tribunal shall, on consideration of report of company liquidator, fix a time limit within which the entire proceedings shall be completed and the company dissolved:directions of tribunal on report of company liquidatorprovided that the tribunal may, if it is of the opinion, at any stage of the proceedings, or on examination of the reports submitted to it by the company liquidator and after hearing the company liquidator, creditors or contributories, that it will not be advantageous or economical to continue the proceedings, revise the time limit within which the entire proceedings shall be completed and the company dissolved(2) the tribunal may, on examination of the reports submitted to it by the company liquidator and after hearing the company liquidator, creditors or contributories, order sale of the company as a going concern or its assets or part thereof:provided that the tribunal may, where it considers fit, appoint a sale committee comprising such creditors, promoters and officers of the company as the tribunal may decide to assist the company liquidator in sale under this sub-section(3) where a report is received from the company liquidator or the central government or any person that a fraud has been committed in respect of the company, the tribunal shall, without prejudice to the process of winding up, order for investigation under section 183, and on consideration of the report of such investigation it may pass order and give directions under sections 314 to 317(4) the tribunal may order such steps as may be necessary to protect, preserve or enhance the value of the assets of the company(5) the tribunal may pass such other order or give such other directions as it considers fitcustody of company's properties258 (1) where a winding up order has been made or where a provisional liquidator has been appointed, the liquidator shall, on the order of the tribunal, forthwith take into his custody or under his control all the property, effects and actionable claims to which the company is or appears to be entitled to and take such steps and measures, as may be necessary, to protect and preserve the properties of the company(2) notwithstanding anything contained in sub-section (1), all the property and effects of the company shall be deemed to be in the custody of the tribunal from the date of the order for the winding up of the company(3) on an application by the company liquidator or otherwise, the tribunal may, at any time after the making of a winding up order, require any contributory for the time being on the list of contributories, and any trustee, receiver, banker, agent, officer or other employee of the company, to pay, deliver, surrender or transfer forthwith, or within such time as the tribunal directs, to the company liquidator, any money, property or books and papers in his custody or under his control to which the company is prima facie entitled259 (1) the promoters, directors, officers and employees, past and present, of the company shall extend full co-operation to the company liquidator in discharge of his functions and dutiesdirectors, officers and employees to co-operate with company liquidator(2) where any person, without reasonable cause, fails to discharge his obligations under sub-section (1), he shall be punishable with imprisonment which may extend to six months or with fine which may extend to five thousand rupees for every day during which the default continues, or with both260 (1) as soon as may be after the passing of a winding up order by the tribunal, the tribunal shall settle a list of contributories, cause rectification of register of members in all cases where rectification is required in pursuance of this act and shall cause the assets of the company to be applied for the discharge of its liability:settlement of list of contributories and application of assetsprovided that where it appears to the tribunal that it would not be necessary to make calls on or adjust the rights of contributories, the tribunal may dispense with the settlement of a list of contributories(2) in settling the list of contributories, the tribunal shall distinguish between those who are contributories in their own right and those who are contributories as being representatives of, or liable for the debts of, others(3) while settling the list of contributories, the tribunal shall include every present and past member who shall be liable to contribute to the assets of the company to an amount sufficient for payment of the debts and liabilities and the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves, subject to the following conditions, namely:—(a) a past member shall not be liable to contribute if he has ceased to be a member for the preceding one year or more before the commencement of the winding up;(b) a past member shall not be liable to contribute in respect of any debt or liability of the company contracted after he ceased to be a member;(c) no past member shall be liable to contribute unless it appears to the tribunal that the present members are unable to satisfy the contributions required to be made by them in pursuance of this act;(d) in the case of a company limited by shares, no contribution shall be required from any past or present member exceeding the amount, if any, unpaid on the shares in respect of which he is liable as such member;(e) in the case of a company limited by guarantee, no contribution shall be required from any past or present member exceeding the amount undertaken to be contributed by him to the assets of the company in the event of its being wound up but if the company has a share capital, such member shall be liable to contribute to the extent of any sum unpaid on any shares held by him as if the company were a company limited by sharesobligations of directors and managers261 in the case of a limited company, any director or manager, whether past or present, whose liability is unlimited under the provisions of this act, shall, in addition to his liability, if any, to contribute as an ordinary member, be liable to make a further contribution as if he were at the commencement of winding up, a member of an unlimited company:provided that —(a) a past director or manager shall not be liable to make such further contribution, if he has ceased to hold office for a year or upwards before the commencement of the winding up;(b) a past director or manager shall not be liable to make such further contribution in respect of any debt or liability of the company contracted after he ceased to hold office;(c) subject to the articles of the company, a director or manager shall not be liable to make such further contribution unless the tribunal deems it necessary to require the contribution in order to satisfy the debts and liabilities of the company, and the costs, charges and expenses of the winding upc o m m i t t e e of inspection262 (1) the tribunal may, while passing an order of winding up of a company, direct that there shall be, a committee of inspection for the company to advise the company liquidator and to report to the tribunal on such matters as the tribunal may direct(2) a committee of inspection appointed by the tribunal shall consist of not more than twelve members, being creditors and contributories of the company or such other persons in such proportion as the tribunal may, keeping in view the circumstances of the company under liquidation, direct(3) the company liquidator shall convene a meeting of creditors and contributories, as ascertained from the books and documents, of the company within thirty days from the date of order of winding up for enabling the tribunal to determine the persons who may be members of the committee of inspection(4) the committee of inspection shall have the right to inspect the books of account and other documents, assets and properties of the company under liquidation at a reasonable time(5) the provisions relating to the convening of the meetings, the procedure to be followed thereat and other matters relating to conduct of business by the committee shall be such as may be prescribed(6) the meeting of committee of inspection shall be chaired by the company liquidator263 (1) the company liquidator shall make periodical reports to the tribunal and in any case make a report at the end of each quarter with respect to the progress of the winding up of the company in such form and in such manner as may be prescribedsubmission of periodical reports to the tribunal(2) the tribunal may, on an application by the company liquidator, review the orders made by it and make such modifications as it thinks fitpower of tribunal on application for stay of winding up264 (1) the tribunal may, at any time after making a winding up order on an application of creditors or any other person, if satisfied, make an order that it is just and fair that an opportunity to revive and rehabilitate the company be provided staying the proceedings for such time not exceeding one hundred and eighty days and on such terms and conditions as it thinks fit:provided that an order under this sub-section shall be made by the tribunal only on an application made to it enclosing a scheme for rehabilitation after three-fourth of secured creditors and one-half of unsecured creditors in value of the company have resolved at a meeting convened by each class of creditors by giving their consent in writing to the scheme(2) the tribunal may, while passing the order under sub-section (1), require the applicant to furnish such security as to costs as it considers fit(3) where an order under sub-section (1) is passed by the tribunal, the provisions of chapter xix shall be followed in respect of the consideration and sanction of the scheme of revival of the company(4) without prejudice to the provisions of sub-section (1), the tribunal may at any time after making a winding up order, on receipt of application of company liquidator, make an order staying the winding up proceedings or any part thereof, for such time and on such terms and conditions as it thinks fit(5) the tribunal may, before making an order, on any application under this section, require the company liquidator to furnish to it a report with respect to any facts or matters which are in his opinion relevant to the application(6) a copy of every order made under this section shall forthwith be forwarded by the company liquidator to the registrar who shall make an endorsement of the order in his books and records relating to the company265 (1) subject to directions by the tribunal, if any, in this regard, the company liquidator, in a winding up by the tribunal, shall have the power—powers and duties of company liquidator(a) to carry on the business of the company so far as may be necessary for the beneficial winding up of the company;(b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose, to use, when necessary, the company's seal;(c) to sell the immovable and movable property and actionable claims of the company 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;(d) to sell the whole of the undertaking of the company as a going concern; (e) to raise on the security of the assets of the company, any money required;(f) to institute or defend any suit, prosecution, or other legal proceeding, civil or criminal, in the name and on behalf of the company;(g) to invite and settle claim of creditors and distribute sale proceeds in accordance with priorities established by this act;(h) to inspect the records and returns of the company on the files of the registrar or any other authority;(i) to prove rank and claim in the insolvency of any contributory for any balance against his estate, and to receive dividends in the insolvency, in respect of that balance, as a separate debt due from the insolvent, and rateably with the other separate creditors;(j) to draw, accept, make and endorse any bill of exchange, hundi or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill, hundi, or note had been drawn, accepted, made or endorsed by or on behalf of the company in the course of its business;(k) to take out, in his official name, letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company, and in all such cases, the money due shall, for the purpose of enabling the company liquidator to take out the letters of administration or recover the money, be deemed to be due to the company liquidator himself;(l) to obtain any professional assistance, and for protection of the assets of the company appoint an agent to do any business which the company liquidator is unable to do himself;(m) to do all such other acts and things as may be necessary for the winding up of the company and distribution of its assets; and(n) to apply to the tribunal for such orders or directions as may be necessary for the winding up of the company (2) the exercise of powers by the company liquidator under sub-section (1) shall be subject to the overall control of the tribunal(3) notwithstanding the provisions of sub-section (1), the company liquidator shall perform such duties as the tribunal may specify in this behalf266 (1) the company liquidator may, with the sanction of the tribunal, appoint one or more chartered accountants or company secretaries or cost accountants or legal practitioners or such other professionals as may be necessary to assist him in the performance of his duties and functions under the actprovision for professional assistance to company liquidator(2) any person appointed under this section shall disclose forthwith to the tribunal in the prescribed form any conflict of interest or lack of independence in respect of his appointment267 (1) subject to the provisions of this act, the company liquidator shall, in the administration of the assets of the company and the distribution thereof among its creditors, have regard to any directions which may be given by the resolution of the creditors or contributories at any general meeting or by the committee of inspectionexercise and control of company liquidator's powers(2) any directions given by the creditors or contributories at any general meeting shall, in case of conflict, be deemed to over ride any directions given by the committee of inspection(3) the company liquidator—(a) may summon meetings of the creditors or contributories, whenever he thinks fit, for the purpose of ascertaining their wishes; and(b) shall summon such meetings at such times, as the creditors or contributories, as the case may be, may, by resolution, direct, or whenever requested in writing to do so by not less than one-tenth in value of the creditors or contributories, as the case may be (4) any person aggrieved by any act or decision of the company liquidator may apply to the tribunal, and the tribunal may confirm, reverse or modify the act or decision complained of and make such further order as it thinks just in the circumstances268 (1) the company liquidator shall keep proper books in such manner as may be prescribed in which he shall cause entries or minutes to be made of proceedings at meetings and of such other matters as may be prescribedbooks to be kept by company liquidator(2) any creditor or contributory may, subject to the control of the tribunal, inspect any such books, personally or through his agent269 (1) the company liquidator shall maintain proper and regular books of accounts including accounts of receipts and payments made by him in such form and manner as may be prescribedaudit of company liquidator's accounts (2) the company liquidator shall, at such times as may be prescribed but not less than twice in each year during his tenure of office, present to the tribunal an account of the receipts and payments as such liquidator in the prescribed form in duplicate, which shall be verified by a declaration in the prescribed form and manner(3) the tribunal shall cause the accounts to be audited in such manner as it thinks fit, and for the purpose of the audit, the company liquidator shall furnish the tribunal with such vouchers and information as the tribunal may require, and the tribunal may, at any time, require the production of, and inspect, any books of account kept by the company liquidator(4) when the accounts of the company have been audited, one copy thereof shall be filed by the company liquidator with the tribunal, and the other copy shall be delivered to the registrar and it shall be open to inspection by any creditor, contributory or person interested(5) where an account referred to in sub-section (4) relates to a government company, the company liquidator shall forward a copy thereof—(a) to the central government, if that government is a member of the government company; or(b) to any state government, if that government is a member of the government company; or(c) to the central government and any state government, if both the governments are members of the government company (6) the company liquidator shall cause the accounts when audited, or a summary thereof, to be printed, and shall send a printed copy of the accounts or summary thereof by post to every creditor and every contributory:provided that the tribunal may dispense with the compliance of the provisions of this sub-section in any case it deems fitpayment of debts by contributory and extent of set-off270 (1) the tribunal may, at any time after passing of a winding up order, pass an order requiring any contributory for the time being on the list of contributories to pay, in the manner directed by the order, any money due to the company, from him or from the estate of the person whom he represents, exclusive of any money payable by him or the estate by virtue of any call in pursuance of this act(2) the tribunal, in making such an order, may,—(a) in the case of an unlimited company, allow to the contributory, by way of set-off, any money due to him or to the estate which he represents, from the company, on any independent dealing or contract with the company, but not any money due to him as a member of the company in respect of any dividend or profit; and(b) in the case of a limited company, allow to any director or manager whose liability is unlimited, or to his estate, such set-off (3) in the case of any company, whether limited or unlimited, when all the creditors have been paid in full, any money due on any account whatever to a contributory from the company may be allowed to him by way of set-off against any subsequent call271 the tribunal may, at any time after the passing of a winding up order, and either before or after it has ascertained the sufficiency of the assets of the company,—power of tribunal to make calls(a) make calls on all or any of the contributories for the time being on the list of the contributories, to the extent of their liability, for payment of any money which the tribunal considers necessary to satisfy the debts and liabilities of the company, and the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves; and(b) make an order for payment of any calls so made272 the tribunal shall adjust the rights of the contributories among themselves and distribute any surplus among the persons entitled theretoadjustment of rights of contributoriespower to order costs273 the tribunal may, in the event of the assets of a company being insufficient to satisfy its liabilities, make an order for the payment out of the assets, of the costs, charges and expenses incurred in the winding up, in such order of priority inter se as the tribunal thinks justpower to summonpersonssuspected of having property of company, etc274 (1) the tribunal may, at any time after the appointment of a provisional liquidator or the passing of a winding up order, summon before it any officer of the company or person known or suspected to have in his possession any property or books or papers, of the company, or known or suspected to be indebted to the company, or any person whom the tribunal thinks to be capable of giving information concerning the promotion, formation, trade, dealings, property, books or papers, or affairs of the company(2) the tribunal may examine any officer or person so summoned on oath concerning the matters aforesaid, either by word of mouth or on written interrogatories, and may, in the former case, reduce his answers to writing and require him to sign them(3) the tribunal may require any officer or person so summoned to produce any books and papers relating to the company in his custody or power, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to such lien, and the tribunal shall have power to determine all questions relating to that lien(4) the tribunal may direct the liquidator to file before it a report in respect of property, debt, etc, of the company in possession of other persons(5) if tribunal finds that—(a) a person is indebted to the company, the tribunal may order him to pay to the provisional liquidator or, as the case may be, the liquidator at such time and in such manner as the tribunal may consider just, the amount in which he is indebted, or any part thereof, either in full discharge of the whole amount or not, as the tribunal thinks fit, with or without costs of the examination;(b) a person is possessing any property belonging to the company, the tribunal may order him to deliver to the provisional liquidator or, as the case may be, the liquidator, that property or any part thereof, at such time, in such manner and on such terms as to the tribunal may consider just (6) if any officer or person so summoned fails to appear before the tribunal at the time appointed without a reasonable cause, the tribunal may impose an appropriate cost(7) every order made under sub-section (5) shall be executed in the same manner as decrees for the payment of money or for the delivery of property under the code of civil procedure, 19085 of 1908(8) any person making any payment or delivery in pursuance of an order made under sub-section (5) shall by such payment or delivery be, unless otherwise directed by such order, discharged from all liability whatsoever in respect of such debt or property275 (1) where an order has been made for the winding up of a company by the tribunal, and the company liquidator has made a report to the tribunal under this act, stating that in his opinion a fraud has been committed by any person in the promotion or formation of the company, or by any officer of the company in relation to the company since its formation, the tribunal may, after considering the report, direct that such person or officer shall attend before the tribunal on a day appointed by it for that purpose, and be examined as to the promotion or formation or the conduct of the business of the company or as to his conduct and dealings as an officer thereof(2) the company liquidator shall take part in the examination, and for that purpose he or it may, if specially authorised by the tribunal in that behalf, employ such legal assistance as may be sanctioned by the tribunal(3) the person shall be examined on oath and shall answer all such questions as the tribunal may put, or allow to be put, to him(4) a person ordered to be examined under this section —(a) shall, before his examination, be furnished at his own cost with a copy of the company liquidator's report; and(b) may at his own cost employ chartered accountants or company secretaries or cost accountants or legal practitioners entitled to appear before the tribunal under section 393, who shall be at liberty to put to him such questions as the tribunal may consider just for the purpose of enabling him to explain or qualify any answers given by him (5) if any such person applies to the tribunal to be exculpated from any charges made or suggested against him, it shall be the duty of the company liquidator to appear on the hearing of such application and call the attention of the tribunal to any matters which appear to the company liquidator to be relevant(6) if the tribunal, after considering any evidence given or hearing witnesses called by the company liquidator, allows the application made under sub-section (5), the tribunal may order payment to the applicant of such costs as it may think fit(7) notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection by any creditor or contributory at all reasonable times(8) the tribunal may, if it thinks fit, adjourn the examination from time to time (9) an examination under this section may, if the tribunal so directs, be held before any person or authority authorised by the tribunal(10) the powers of the tribunal under this section as to the conduct of the examination, but not as to costs, may be exercised by the person or authority before whom the examination is held in pursuance of sub-section (9)arrest of person trying to quit india or abscond276 at any time either before or after passing a winding up order, if the tribunal is satisfied that a contributory or a person having property, accounts or papers of the company in his possession is about to quit india or otherwise to abscond, or is about to remove or conceal any of his property, for the purpose of evading payment of calls or of avoiding examination respecting the affairs of the company, the tribunal may cause—(a) the contributory to be arrested and kept in custody until such time as the tribunal may order; and(b) his books and papers and movable property to be seized and safely kept until such time as the tribunal may order277 (1) when the affairs of a company have been completely wound up, the company liquidator shall make an application to the tribunal for dissolution of such companydissolution of company by tribunal(2) the tribunal shall on an application filed by the company liquidator under subsection (1) or when the tribunal is of the opinion that it is just and reasonable in the circumstances of the case that an order for the dissolution of the company should be made, make an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly(3) a copy of the order shall, within thirty days from the date thereof, be forwarded by the company liquidator to the registrar who shall record in the register relating to the company a minute of the dissolution of the company(4) if the company liquidator makes a default in forwarding a copy as aforesaid, he shall be punishable with fine which may extend to five thousand rupees for every day during which the default continues278 nothing in this chapter shall affect the operation or enforcement of any order made by any court in any proceedings for the winding up of a company immediately before the commencement of this act and an appeal against such order shall be filed before such authority competent to hear such appeals before such commencementappeals from orders made before commencement of act part ii voluntary winding up279 a company may be wound up voluntarily,—circumstances in whichcompany may be wound up voluntarily(a) if the company in general meeting passes a resolution requiring the company to be wound up voluntarily as a result of the expiry of the period for 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 should be dissolved; or(b) if the company passes a special resolution that the company be wound up voluntarilydeclaration of solvency in case of proposal to wind up voluntarily280 (1) where it is proposed to wind up a company voluntarily, its director or directors, or in case the company has more than two directors, the majority of its directors, shall, at a meeting of the board, make a declaration verified by an affidavit to the effect that they have made a full inquiry into the affairs of the company and they have formed an opinion that the company has no debt or whether it will be able to pay its debts in full from the proceeds of assets sold in voluntary winding up(2) a declaration made as aforesaid shall have no effect for the purposes of this act, unless —(a) it is made within the five weeks immediately preceding the date of the passing of the resolution for winding up the company and it is delivered to the registrar for registration before that date;(b) it contains a declaration that the company is not being wound up to defraud any person or persons;(c) it is accompanied by a copy of the report of the auditors of the company prepared in accordance with the provisions of this act, on the profit and loss account of the company for the period commencing from the date up to which the last such account was prepared and ending with the latest practicable date immediately before the making of the declaration and the balance sheet of the company made out as on that date which would also contain a statement of the company's assets and liabilities on that date; and(d) where there are any assets of the company, it is accompanied by a report of the valuation of the assets of the company prepared by a registered valuer (3) where the company is wound up in pursuance of a resolution passed within a period of five weeks after the making of the declaration, but its debts are not paid or provided for in full, it shall be presumed, until the contrary is shown, that the director or directors did not have reasonable grounds for his or their opinion under sub-section (1)(4) any director of a company making a declaration under this section without having reasonable grounds for the opinion that the company will be able to pay its debts in full from the proceeds of assets sold in voluntary winding up shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with both| meeting ||----------------------------------------------------------------------------------------------|| creditors || 281 || ( || 1 || ) the company shall also along with the calling of meeting of the company at || which the resolution for the voluntary winding up is to be proposed, cause a meeting of its || creditors either on the same day or on the next day and shall cause a notice of such meeting || to be sent by registered post to the creditors with the notice of the meeting of the company || under section 279 |(2) the board of directors of the company shall—(a) cause to be presented a full statement of the position of the company's affairs together with a list of creditors of the company, if any, copy of declaration under section 280 and the estimated amount of the claims before such meeting; and(b) appoint one of the directors to preside at the meeting(3) where two-thirds in value of creditors of the company are of the opinion that—(a) it is in the interest of all parties that the company be wound up voluntarily, the company shall be wound up voluntarily; or(b) the company will not be able to pay for its debts in full from the proceeds of assets sold in voluntary winding up and pass a resolution that it will be in interest of all parties if the company is wound up under the supervision of the tribunal, the company shall within fourteen days thereafter file an application before the tribunal (4) notice of any resolution passed at a creditors' meeting in pursuance of this section shall be given by the company to the registrar within ten days of the passing thereof(5) where any default is made in complying with the provisions of this section, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees and any director or directors who are in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees, or with bothpublication ofresolution to wind up voluntarily282 (1) where a company has passed a resolution for voluntary winding up and aresolution under sub-section (3) of section 281 is passed, it shall within fourteen days ofthe passing of the resolution give notice of the resolution by advertisement in the official gazette and also in some newspaper circulating in the district where the registered office or the principal office of the company is situate(2) if any default is made in complying with sub-section (1), the company and everyofficer of the company who is in default shall be punishable with fine which may extend to five thousand rupees for every day during which the default continues283 a voluntary winding up shall be deemed to commence on the date of passing ofthe resolution for voluntary winding up under section 279commencement of voluntary winding up effect of voluntary winding up284 in the case of a voluntary winding up, the company shall from the commencementof the winding up cease to carry on its business except as far as required for the beneficial winding up of its businessappointment of company liquidator285 (1) the company in its general meeting, where a resolution of voluntary windingup is passed, shall appoint a company liquidator from the panel prepared by the central government for the purpose of winding up its affairs and distributing the assets of the company and recommend the fee to be paid to the company liquidator(2) where the creditors have passed a resolution for winding up the company under sub-section (3) of section 281, the appointment of company liquidator under this section shall be effective only after it is approved by the majority of creditors in value of the company:provided that where such creditors do not approve the appointment of such company liquidator, creditors shall appoint another company liquidator(3) the creditors while approving the appointment of company liquidator appointed by the company or appointing the company liquidator of their own choice, as the case may be, pass suitable resolution with regard to the fee of the company liquidator(4) on appointment as company liquidator, such liquidator shall file a declaration in the prescribed form disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the company and the creditors and such obligation shall continue throughout the term of his or its appointment286 (1) a company liquidator appointed under section 285 may be removed by the company where his appointment has been made by the company and, by the creditors, where the appointment is approved or made by such creditorspower to remove and fill vacancy of company liquidator(2) where a company liquidator is sought to be removed under this section, he shall be given a notice in writing stating the grounds of removal from his office by the company or the creditors, as the case may be(3) where three-fourth members of the company or three-fourth of creditors in value, as the case may be, after consideration of the reply, if any, filed by the company liquidator, in their meeting decide to remove the company liquidator, he shall vacate his office(4) if a vacancy occurs by death, resignation, removal or otherwise in the office of any company liquidator appointed under section 285, the company or the creditors, as the case may be, fill the vacancy in the manner specified in that sectionnotice of appointment of company liquidator to be given to registrar287 (1) the company shall give notice to the registrar of the appointment of a company liquidator along with the name and particulars of the company liquidator, of every vacancy occurring in the office of company liquidator, and of the name of the company liquidator appointed to fill every such vacancy within ten days of such appointment or the occurrence of such vacancy(2) where any default is made in complying with the provisions of this section, the company and every officer of the company who is in default shall be punishable with fine which may extend to five hundred rupees for every day during which the default continues288 on the appointment of a company liquidator, all the powers of the board of directors and of the managing or whole-time directors and manager, if any, shall cease, except for the purpose of giving notice of such appointment of the company liquidator to the registrarcesser of board's powers on appointment of company liquidator289 (1) the company liquidator shall perform such functions and discharge such duties as determined from time to time by the company or the creditors, as the case may be(2) the company liquidator shall settle the list of contributories, which shall be prima facie evidence of the liability of the persons named therein to be contributoriespowers and duties of company liquidator in voluntary winding up(3) the company liquidator shall call general meetings of the company for the purpose of obtaining the sanction of the company by ordinary or special resolution, as the case may require, or for any other purpose he may consider necessary(4) the company liquidator shall maintain regular and proper books of account in such form and in such manner as may be prescribed and the members and creditors and any officer authorised by the central government may inspect such books of account(5)the company liquidator shall pay the debts of the company and shall adjust the rights of the contributories among themselves(6) the company liquidator shall observe due care and diligence in the discharge of his duties(7) if the company liquidator fails to comply with the provisions of this section he shall be punishable with fine which may extend to ten lakh rupeesappointment of committees290 where there are no creditors of a company, such company in its general meetingand, where a meeting of creditors is held under section 281, such creditors may appoint such committees as considered appropriate to supervise the voluntary liquidation and assist the company liquidator in discharging his or its functionscompanyliquidator tosubmit report on progress of winding up291 (1) the company liquidator shall report quarterly on the progress of winding upof the company in such form and manner as may be prescribed to the members and creditors and shall also call a meeting of the members and the creditors as and when necessary but at least one meeting each of creditors and members in every quarter and apprise them of the progress of the winding up of the company in such form and manner as may be prescribed(2) if the company liquidator fails to comply with the provisions of sub-section (1), he shall be punishable, in respect to each such failure, with fine which may extend to ten lakh rupeesreport of company liquidator to tribunal for examination of persons292 (1) where a report is received from the company liquidator that a fraud has been committed by any person in respect of the company, the tribunal shall, without prejudice to the process of winding up, order for investigation under section 183 and on consideration of the report of such investigation, the tribunal may pass such order and give such directions under this chapter as it may consider necessary including the direction that such person shall attend before the tribunal on a day appointed by it for that purpose and be examined as to the promotion or formation or the conduct of the business of the company or as to his conduct and dealings as officer thereof or otherwise(2) the provisions of section 275 shall apply mutatis mutandis in relation to any examination directed under sub-section (1)final dissolution of company293 (1) as soon as the affairs of a company are fully wound up, the company liquidator shall prepare a report of the winding up showing that the property and assets of the company have been disposed of and its debt fully discharged or discharged to the satisfaction of the creditors and thereafter call a general meeting of the company for the purpose of laying the final winding up accounts before it and giving any explanation therefor(2) the meeting referred to in sub-section (1) shall be called by the company liquidator in such form and manner as may be prescribed(3) if the majority of the members of the company after considering the report of the company liquidator are satisfied that the company shall be wound up, they may pass a resolution for its dissolution(4) within two weeks after the meeting, the company liquidator shall—(a) send to the registrar—(i) a copy of the final winding up accounts of the company and shall make a return in respect of each meeting and of the date thereof, and(ii) copies of the resolutions passed in the meetings; and(b) file an application along with his report under sub-section (1) in such manner as may prescribed before the tribunal for passing an order of dissolution of the company(5) if the tribunal is satisfied, after considering the report of the company liquidator that the process of winding up has been fair and just, the tribunal shall pass an order dissolving the company within sixty days of the receipt of the application under subsection (4)(6) the company liquidator shall file a copy of the order under sub-section (5) with the registrar within thirty day(7) the registrar, on receiving the copy of the order passed by the tribunal under sub-section (5), shall forthwith publish a notice in the official gazette that the company is dissolved(8) where the company liquidator fails to comply with the provisions of this section, he shall be punishable with fine which may extend to one lakh rupees294 (1) where a company (the transferor company) is proposed to be, or is in the course of being, wound up voluntarily and the whole or any part of its business or property is proposed to be transferred or sold to another company (the transferee company), the company liquidator of the transferor company may, with the sanction of a special resolution of the company conferring on him either a general authority or an authority in respect of any particular arrangement,—power ofcompany liquidator to accept shares, etc, as consideration for sale of property of company(a) receive, by way of compensation wholly or in part for the transfer or sale, shares, policies, or other like interest in the transferee company, for distribution among the members of the transferor company; or(b) enter into any other arrangement whereby the members of the transferor company may, in lieu of receiving cash, shares, policies or other like interest or in addition thereto, participate in the profits of, or receive any other benefit from, the transferee company: provided that no such arrangement shall be entered into without the consent of the secured creditors(2) any transfer, sale or other arrangement in pursuance of this section shall be binding on the members of the transferor company(3) any member of the transferor company who did not vote in favour of the special resolution and expresses his dissent therefrom in writing addressed to the company liquidator and left at the registered office of the company within seven days after the passing of the resolution, may require the liquidator either—(a) to abstain from carrying the resolution into effect; or (b) to purchase his interest at a price to be determined by agreement or the registered valuer (4) if the company liquidator elects to purchase the member's interest, the purchase money, raised by him in such manner as may be determined by a special resolution, shall be paid before the company is dissolveddistribution of property of company295 subject to the provisions of this act as to overriding preferential payments under section 301, the assets of a company shall, on its winding up, be applied in satisfaction of its liabilities pari passu and, subject to such application, shall, unless the articles otherwise provide, be distributed among the members according to their rights and interests in the companyarrangement when binding on company and creditors296 (1) any arrangement other than the arrangement referred to in section 294 entered into between the company which is about to be, or is in the course of being wound up and its creditors shall be binding on the company and on the creditors if it is sanctioned by a special resolution of the company and acceded to by the creditors who hold three-fourths in value of the total amount due to all the creditors of the company(2) any creditor or contributory may, within three weeks from the completion of the arrangement, apply to the tribunal and the tribunal may thereupon amend, vary, confirm or set aside the arrangement297 (1) the company liquidator or any contributory or creditor may apply to the tribunal—(a) to determine any question arising in the course of the winding up of a company; orpower to apply to tribunal to have questions determined, etc(b) to exercise as respects the enforcing of calls, the staying of proceedings or any other matter, all or any of the powers which the tribunal might exercise if the company were being wound up by the tribunal (2) the company liquidator or any creditor or contributory may apply to the tribunal for an order setting aside any attachment, distress or execution put into force against the estate or effects of the company after the commencement of the winding up(3) the tribunal, if satisfied on an application under sub-section (1) or sub-section(2) that the determination of the question or the required exercise of power or the order applied for will be just and beneficial, may allow the application on such terms and conditions as it thinks fit or may make such other order on the application as it thinks fit(4) a copy of an order staying the proceedings in the winding up, made under this section, shall forthwith be forwarded by the company, or otherwise as may be prescribed, to the registrar, who shall make a minute of the order in his books relating to the companycosts of voluntary winding up298 all costs, charges and expenses properly incurred in the winding up, includingthe fee of the company liquidator, shall, subject to the rights of secured creditors, if any, be payable out of the assets of the company in priority to all other claims part iii provisions applicable to every mode of winding updebts of all descriptions to be admitted to proof299 in every winding up, subject, in the case of insolvent companies, to the application in accordance with the provisions of this act of the law of insolvency, all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the company300 (1) in the winding up of an insolvent company, the same rules shall prevail and be observed with regard to—(a) debts provable;application of insolvency rules in winding up of insolvent companies (b) the valuation of annuities and future and contingent liabilities; and (c) the respective rights of secured and unsecured creditors, as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent:provided that the security of every secured creditor shall be deemed to be subject to a pari passu charge in favour of the workmen to the extent of the workmen's portion therein, and, where a secured creditor, instead of relinquishing his security and proving his debts, opts to realise his security,—(i) the liquidator shall be entitled to represent the workmen and enforce such charge;(ii) any amount realised by the liquidator by way of enforcement of such charge shall be applied rateably for the discharge of workmen's dues; and(iii) so much of the debts due to such secured creditor as could not be realised by him or the amount of the workmen's portion in his security, whichever is less, shall rank pari passu with the workmen's dues for the purposes of section 301(2) all persons who in any such case would be entitled to prove and receive dividends out of the assets of the company, may come in under the winding up, and make such claims against the company as they respectively are entitled to make by virtue of this section:provided that if a secured creditor, instead of relinquishing his security and proving his debts, proceeds to realise his security, he shall be liable to pay his portion of the expenses incurred by the liquidator, including a provisional liquidator, if any, for the preservation of the security before its realisation by the secured creditorexplanation— for the purposes of this sub-section, the portion of expenses incurred by the liquidator for the preservation of a security which the secured creditor shall be liable to pay shall be the whole of the expenses less an amount which bears to such expenses the same proportion as the workmen's portion in relation to the security bears to the value of the security(3) for the purposes of this section, section 301 and section 302,—14 of 1947(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:—14 of 1947(i) all wages or salary including wages payable for time or piece work and salary 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;(ii) all accrued holiday remuneration becoming payable to any workman or, 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;8 of 1923(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;(iv) all sums due to any workman from a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the workmen, maintained by the company; (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 illustrationthe value of the security of a secured creditor of a company is rs1,00,000 the total amount of the workmen's dues is rs1,00,000 the amount of the debts due from the company to its secured creditors is rs3,00,000 the aggregate of the amount of workmen's dues and the amount of debts due to secured creditors is rs4,00,000 the workmen's portion of the security is, therefore, one-fourth of the value of the security, that is rs25,000301 (1) notwithstanding anything contained in any other provision of this act or any other law for the time being in force, in the winding up of a company,—overriding preferential payments(a) workmen's dues, and(b) debts due to secured creditors to the extent such debts rank under clause (iii) of the proviso to sub-section (1) of section 300 pari passu with such dues, shall be paid in priority to all other debts(2) the debts payable under sub-section (1) shall be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportionspreferential payments302 (1) in a winding up, subject to the provisions of section 301, there shall be paid in priority to all other debts,—(a) all revenues, taxes, cesses and rates due from the company to the central or a state government or to a local authority at the relevant date, and having become due and payable within the twelve months immediately before that date;(b) all wages or salary including wages payable for time or piece work and salary earned wholly or in part by way of commission of any employee in respect of services rendered to the company and due for a period not exceeding four months within the twelve months immediately before the relevant date, subject to the condition that the amount payable under this clause to any workman shall not exceed such amount as may be prescribed;(c) all accrued holiday remuneration becoming payable to any employee, or in the case of his death, to any other person claiming under him, on the termination of his employment before, or by the winding up order, or, as the case may be, the dissolution of the company;34 of 1948(d) unless the company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another company, all amount due in respect of contributions payable during the twelve months immediately before the relevant date by the company as the employer of any persons under the employees' state insurance act, 1948 or any other law for the time being in force;8 of 1923(e) unless the company has, at the commencement of winding up, under such a contract with any insurer 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 employee of the company:provided that where any compensation under the said act is a weekly payment, the amount payable under this clause shall be taken to be the amount of the lump sum for which such weekly payment could, if redeemable, be redeemed, if the employer has made an application under that act;(f) all sums due to any employee from a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by the company; and(g) the expenses of any investigation held in pursuance of sections 184 and187, in so far as they are payable by the company (2) where any payment has been made to any employee of a company on account of wages or salary or accrued holiday remuneration, himself or, in the case of his death, to any other person claiming through him, out of money advanced by some person for that purpose, the person by whom the money was advanced shall, in a winding up, have a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the employee or other person in his right would have been entitled to priority in the winding up has been reduced by reason of the payment having been made(3) the debts enumerated in this section shall—(a) rank equally among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions; and(b) so far as the assets of the company available for payment to general creditors are insufficient to meet them, have priority over the claims of holders of debentures under any floating charge created by the company, and be paid accordingly out of any property comprised in or subject to that charge (4) subject to the retention of such sums as may be necessary for the costs and expenses of the winding up, the debts under this section shall be discharged forthwith so far as the assets are sufficient to meet them, and in the case of the debts to which priority is given by clause (d) of sub-section (1), formal proof thereof shall not be required except in so far as may be otherwise prescribed(5) in the event of a landlord or other person distraining or having distrained on any goods or effects of the company within three months immediately before the date of a winding up order, the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on or the proceeds of the sale thereof:provided that, in respect of any money paid under any such charge, the landlord or other person shall have the same rights of priority as the person to whom the payment is made(6) for the purposes of this section,—(a) any remuneration in respect of a period of holiday or of absence from work through sickness or other good cause shall be deemed to be wages in respect of services rendered to the company during that period;(b) the expression "accrued holiday remuneration" includes, in relation to any person, all sums which, by virtue either of his contract of employment or of any enactment including any order made or direction given thereunder, are payable on account of the remuneration which would, in the ordinary course, have become payable to him in respect of a period of holiday, had his employment with the company continued until he became entitled to be allowed the holiday;(c) the expression "employee" does not include a workman; and(d) the expression "relevant date" means—(i) 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; and(ii) in any other case, the date of the passing of the resolution for the voluntary winding up of the companyfraudulent preference303 (1) where a company has given preference to a person who is one of the company's creditors or a surety or guarantor for any of the company's debts or other liabilities, and the company does anything or suffers anything done which has the effect of putting that person into a position which, in the event of the company going into liquidation, will be better than the position he would have been in if that thing had not been done prior to six months of making winding up application, the tribunal, if satisfied, may order as it may think fit for restoring the position to what it would have been if the company had not given that preference(2) if the tribunal is satisfied that there is a preference transfer of property, movable or immovable, or any delivery of goods, payment, execution made, taken or done by or against a company within six months before making winding up application, the tribunal may order as it may think fit and may declare such transaction invalid and restore the positiontransfers not in good faith to be void304 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 or the passing of a resolution for voluntary winding up of the company, shall be void against the company liquidator305 any transfer or assignment by a company of all its properties or assets to trustees for the benefit of all its creditors shall be voidcertain transfers to be void liabilities andrights ofcertain persons fraudulently preferred306 (1) where a company is being wound up and anything made, taken or done after the commencement of this act is invalid under section 303 as a fraudulent preference of a person interested in property mortgaged or charged to secure the company's debt, then without prejudice to any rights or liabilities arising, apart from this provision, the person preferred shall be subject to the same liabilities, and shall have the same rights, as if he had undertaken to be personally liable as a surety for the debt, to the extent of the mortgage or charge on the property or the value of his interest, whichever is less(2) the value of the interest of the person preferred shall be determined as at the date of the transaction constituting the fraudulent preference, as if the interest were free of all encumbrances other than those to which the mortgage or charge for the company's debt was then subject(3) on any application made to the tribunal with respect to any payment on the ground that the payment was a fraudulent preference of a surety or guarantor, the tribunal shall have jurisdiction to determine any questions with respect to the payment arising between the person to whom the payment was made and the surety or guarantor and to grant relief in respect thereof, notwithstanding that it is not necessary so to do for the purposes of the winding up, and for that purpose, may give leave to bring in the surety or guarantor as a third party as in the case of a suit for the recovery of the sum paid(4) the provisions of sub-section (3) shall apply mutatis mutandis in relation to transactions other than payment of moneyeffect of floating charge307 where a company is being wound up, a floating charge on the undertaking or property of the company created within the twelve months immediately preceding the commencement of the winding up, shall, unless it is proved that the company immediately after the creation of the charge was solvent, be invalid, except for the amount of any cash paid to the company at the time of, or subsequent to the creation of, and in consideration for, the charge, together with interest on that amount at the rate of five per cent per annum or such other rate as may be notified by the central government in this behalf in the official gazette308 (1) where any part of the property of a company which is being wound up consists of—disclaimer of onerous property(a) land of any tenure, burdened with onerous covenants; (b) shares or stocks in companies; (c) any other property which is unsaleable or is not readily saleable by reason of the possessor thereof being bound either to the performance of any onerous act or to the payment of any sum of money; or(d) unprofitable contracts, the company liquidator may, notwithstanding that he has endeavoured to sell or has taken possession of the property or exercised any act of ownership in relation thereto or done anything in pursuance of the contract, with the leave of the tribunal and subject to the provisions of this section, by writing signed by him, at any time within twelve months after the commencement of the winding up or such extended period as may be allowed by the tribunal, disclaim the property:provided that where the company liquidator had not become aware of the existence of any such property within one month from the commencement of the winding up, the power of disclaiming the property may be exercised at any time within twelve months after he has become aware thereof or such extended period as may be allowed by the tribunal(2) the disclaimer shall operate to determine, as from the date of disclaimer, the rights, interest, and liabilities of the company in or in respect of the property disclaimed, but shall not, except so far as is necessary for the purpose of releasing the company and the property of the company from liability, affect the rights, interest or liabilities of any other person(3) the tribunal, before or on granting leave to disclaim, may require such notices to be given to persons interested, and impose such terms as a condition of granting leave, and make such other order in the matter as the tribunal considers just(4) the company liquidator shall not be entitled to disclaim any property in any case where an application in writing has been made to him by any person interested in the property requiring him to decide whether he will or will not disclaim and the company liquidator has not, within a period of twenty-eight days after the receipt of the application or such extended period as may be allowed by the tribunal, give notice to the applicant that he intends to apply to the tribunal for leave to disclaim, and in case the property is a contract, if the company liquidator after such an application as aforesaid does not within the said period or extended period disclaim the contract, he shall be deemed to have adopted it(5) the tribunal may, on the application of any person who is, as against the company liquidator, entitled to the benefit or subject to the burden of a contract made with the company, make an order rescinding the contract on such terms as to payment by or to either party of damages for the non-performance of the contract, or otherwise as the tribunal considers just, and any damages payable under the order to any such person may be proved by him as a debt in the winding up(6) the tribunal may, on an application by any person who either claims any interest in any disclaimed property or is under any liability not discharged under this act in respect of any disclaimed property, and after hearing any such persons as it thinks fit, make an order for the vesting of the property in, or the delivery of the property to, any person entitled thereto or to whom it may seem just that the property should be delivered by way of compensation for such liability as aforesaid, or a trustee for him, and on such terms as the tribunal considers just, and on any such vesting order being made, the property comprised therein shall vest accordingly in the person named therein in that behalf without any conveyance or assignment for the purpose:provided that where the property disclaimed is of a leasehold nature, the tribunal shall not make a vesting order in favour of any person claiming under the company, whether as under-lessee or as mortgagee or holder of a charge by way of demise, except upon the terms of making that person—(a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up; or(b) if the tribunal thinks fit, subject only to the same liabilities and obligations as if the lease had been assigned to that person at that date, and in either event as if the lease had comprised only the property comprised in the vesting order, and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in and security upon the property, and, if there is no person claiming under the company who is willing to accept an order upon such terms, the tribunal shall have power to vest the estate and interest of the company in the property in any person liable, either personally or in a representative character, and either alone or jointly with the company, to perform the lessee's covenants in the lease, free and discharged from all estates, encumbrances and interests created therein by the company(7) any person affected by the operation of a disclaimer under this section shall be deemed to be a creditor of the company to the amount of the compensation or damages payable in respect of such effect, and may accordingly prove the amount as a debt in the winding up309 (1) in the case of a voluntary winding up, any transfer of shares in the company, not being a transfer made to or with the sanction of the company liquidator, and any alteration in the status of the members of the company, made after the commencement of the winding up, shall be voidtransfers, etc, after commencement of winding up to be void(2) 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 void310 (1) where any company is being wound up by the tribunal,—(a) any attachment, distress or execution put in force, without leave of the tribunal against the estate or effects of the company, after the commencement of the winding up; or certain attachments, executions, etc, in winding up by tribunal to be void(b) any sale held, without leave of the tribunal of any of the properties or effects of the company, after such commencement, shall be void(2) nothing in this section shall apply to any proceedings for the recovery of any tax or impost or any dues payable to the governmentoffences by officers of companies in liquidation311 (1) if any person, being a past or present officer of a company which, at the time of the commission of the alleged offence, is being wound up, whether by the tribunal or voluntarily, or which is subsequently ordered to be wound up by the tribunal or which subsequently passes a resolution for voluntary winding up,—(a) does not, to the best of his knowledge and belief, fully and truly disclose to the company liquidator all the property, movable and immovable, of the company, and how and to whom and for what consideration and when the company disposed of any part thereof, except such part as has been disposed of in the ordinary course of the business of the company;(b) does not deliver up to the company liquidator, or as he directs, all such part of the movable and immovable property of the company as is in his custody or under his control and which he is required by law to deliver up;(c) does not deliver up to the company liquidator, or as he directs, all such books and papers of the company as are in his custody or under his control and which he is required by law to deliver up;(d) within the twelve months immediately before the commencement of the winding up or at any time thereafter,—(i) conceals any part of the property of the company to the value of one thousand rupees or more, or conceals any debt due to or from the company;(ii) fraudulently removes any part of the property of the company to the value of one thousand rupees or more;(iii) conceals, destroys, mutilates or falsifies, or is privy to the concealment, destruction, mutilation or falsification of, any book or paper affecting or relating to, the property or affairs of the company;(iv) makes, or is privy to the making of, any false entry in any book or paper affecting or relating to, the property or affairs of the company;(v) fraudulently parts with, alters or makes any omission in, or is privy to the fraudulent parting with, altering or making of any omission in, any book or paper affecting or relating to the property or affairs of the company;(vi) by any false representation or other fraud, obtains on credit, for or on behalf of the company, any property which the company does not subsequently pay for;(vii) under the false pretence that the company is carrying on its business, obtains on credit, for or on behalf of the company, any property which the company does not subsequently pay for; or(viii) pawns, pledges or disposes of any property of the company which has been obtained on credit and has not been paid for, unless such pawning, pledging or disposing of is in the ordinary course of the business of the company; (e) makes any material omission in any statement relating to the affairs of the company;(f) knowing or believing that a false debt has been proved by any person under the winding up, fails for a period of one month to inform the company liquidator thereof;(g) after the commencement of the winding up, prevents the production of any book or paper affecting or relating to the property or affairs of the company;(h) after the commencement of the winding up or at any meeting of the creditors of the company within the twelve months next before the commencement of the winding up, attempts to account for any part of the property of the company by fictitious losses or expenses; or(i) is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them, to an agreement with reference to the affairs of the company or to the winding up, 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 three lakh rupees:provided that it shall be a good defence if the accused proves that he had no intent to defraud or to conceal the true state of affairs of the company or to defeat the law(2) where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under sub-clause (viii) of clause (d) of sub-section (1), every person who takes in pawn or pledge or otherwise receives the property, knowing it to be pawned, pledged, or disposed of in such circumstances as aforesaid, 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 three lakh rupees but which may extend to five lakh rupeesexplanation— for the purposes of this section, the expression "officer" includes any person in accordance with whose directions or instructions the directors of the company have been accustomed to actpenalty for frauds by officers312 if any person, being at the time of the commission of the alleged offence an officer of a company including a company which is subsequently ordered to be wound up by the tribunal or which subsequently passes a resolution for voluntary winding up,—(a) has, by false pretences or by means of any other fraud, induced any person to give credit to the company;(b) with intent to defraud creditors of the company or any other person, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any execution against, the property of the company; or(c) with intent to defraud creditors of the company, has concealed or removed any part of the property of the company since the date of any unsatisfied judgment or order for payment of money obtained against the company or within two months before that date, he shall be punishable with imprisonment which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupeesliability where properaccounts notkept313 (1) where a company is being wound up and if it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the commencement of the winding up, or the period between the incorporation of the company and the commencement of the winding up, whichever is shorter, every officer of the company who is in default shall, unless he shows that he acted honestly and that in the circumstances in which the business of the company was carried on, the default was excusable, be punishable with imprisonment which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees(2) for the purposes of sub-section (1), it shall be deemed that proper books of account have not been kept in the case of any company, if there have not been kept—(a) such books of account as are necessary to exhibit and explain the transactions and financial position of the business of the company, including books containing entries made from day-to-day in sufficient detail of all cash received and all cash paid; and(b) where the business of the company has involved dealings in goods, statements of the annual stock takings and, except in the case of goods sold by way of ordinary retail trade, of all goods sold and purchased, showing the goods and the buyers and the sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be identifiedliability for fraudulent conduct of business314 (1) if in the course of the winding up of a company, it appears that any business of the company has been carried on with intent to defraud creditors of the company or any other persons or for any fraudulent purpose, the tribunal, on the application of the official liquidator, or the company liquidator or any creditor or contributory of the company, may, if it thinks it proper so to do, declare that any past or present director, manager, or officer of the company or any persons who were knowingly parties to the carrying on of the business in the manner aforesaid shall be personally responsible, without any limitation of liability, for all or any of the debts or other liabilities of the company as the tribunal may direct:provided that on the hearing of an application under this sub-section, the official liquidator or the company liquidator, as the case may be, may himself give evidence or call witnesses(2) where the tribunal makes any such declaration, it may give such further directions as it thinks proper for the purpose of giving effect to that declaration and in particular,(a) make provision for making the liability of any such person under the declaration a charge on any debt or obligation due from the company to him, or on any mortgage or charge or any interest in any mortgage or charge on any assets of the company 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;(b) make such further order as may be necessary for the purpose of enforcing any charge imposed under this sub-section(3) where any business of a company is carried on with such intent or for such purpose as is mentioned in sub-section (1), every person who was knowingly a party to the carrying on of the business in the manner aforesaid, shall be punishable with imprisonment which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees(4) this section shall apply, notwithstanding that the person concerned may be punishable under any other law for the time being in force in respect of the matters on the ground of which the declaration is to be made explanation—for the purposes of this section,(a) the expression "assignee" includes any person to whom or in whose favour, by the directions of the person liable, the debt, obligation, mortgage or charge was created, issued or transferred or the interest was created, but does not include an assignee for valuable consideration, not including consideration by way of marriage, given in good faith and without notice of any of the matters on the ground of which the declaration is made;(b) the expression "officer" includes any person in accordance with whose directions or instructions the directors of the company have been accustomed to act315 (1) if in the course of winding up of a company, it appears that any person who has taken part in the promotion or formation of the company, or any past or present director, manager, company liquidator or officer of the company—power of tribunal to assess damages against delinquent directors, etc(a) has misapplied, or retained, or become liable or accountable for, any money or property of the company; or(b) has been guilty of any misfeasance or breach of trust in relation to the company, the tribunal may, on the application of the official liquidator, or the company liquidator, or of any creditor or contributory, made within the period specified in that behalf in subsection (2), inquire into the conduct of the person, director, manager, company liquidator or officer aforesaid, and order him to repay or restore the money or property or any part thereof respectively, with interest at such rate as the tribunal considers just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance or breach of trust, as the tribunal considers just(2) an application under sub-section (1) shall be made within five years from the date of the winding up order, or of the first appointment of the company liquidator in the winding up, or of the misapplication, retainer, misfeasance or breach of trust, as the case may be, whichever is longer(3) this section shall apply, notwithstanding that the matter is one for which the person concerned may be punishable under this act or any other law for the time being in force316 where a declaration under section 314 or an order under section 315 is or may be made in respect of a firm or body corporate, the tribunal shall also have power to make a declaration under section 314, or pass an order under section 315, as the case may be, in respect of any person who was at the relevant time a partner in that firm or a director of that body corporateliability under sections 314 and 315 to extend to partners or directors in firms or companies prosecution of delinquent officers and members of company317 (1) if it appears to the tribunal in the course of a winding up by the tribunal, that any past or present officer, or any member, of the company has been guilty of any offence in relation to the company, the tribunal may, either on the application of any person interested in the winding up or suo motu, direct the liquidator to prosecute the offender or to refer the matter to the registrar(2) if it appears to the company liquidator in the course of a voluntary winding up that any past or present officer, or any member, of the company has been guilty of any offence in relation to the company under this act, he shall forthwith report the matter to the registrar and shall furnish to him such information and give to him such access to and facilities for inspecting and taking copies of any books and papers, being information or books and papers in the possession or under the control of the company liquidator and relating to the matter in question, as the registrar may require(3) where any report is made under sub-section (2) to the registrar, he,—(a) if he thinks fit, may apply to the central government for an order to make further inquiry into the affairs of the company by any person designated by him and for conferring on such person all the powers of investigation as are provided under this act;(b) if he considers that the case is one in which a prosecution ought to be instituted, shall report the matter to the central government, and that government may, after taking such legal advice as it thinks fit, direct the registrar to institute prosecution: provided that no report shall be made by the registrar under this clause without first giving the accused person a reasonable opportunity of making a statement in writing to the registrar and of being heard thereon(4) if it appears to the tribunal in the course of a voluntary winding up that any past or present officer, or any member, of the company has been guilty as aforesaid, and that no report with respect to the matter has been made by the company liquidator to the registrar under sub-section (2), the tribunal may, on the application of any person interested in the winding up or suo motu, direct the company liquidator to make such a report, and on a report being made, the provisions of this section shall have effect as though the report had been made in pursuance of the provisions of sub-section (2)(5) when any prosecution is instituted under this section, it shall be the duty of the liquidator and of every officer and agent of the company past and present to give all assistance in connection with the prosecution which he is reasonably able to giveexplanation—for the purposes of this sub-section, the expression "agent", in relation to a company, shall be deemed to include any banker or legal adviser of the company and any person employed by the company as auditor(6) if any person fails or neglects to give assistance required by sub-section (5), he shall be liable to pay fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees318 (1) the company liquidator may—(a) with the sanction of the tribunal, when the company is being wound up by the tribunal; and company liquidator to exercise certain powers subject to sanction(b) with the sanction of a special resolution of the company and prior approval of the tribunal, in the case of a voluntary winding up,—(i) pay any class of creditors in full; (ii) make any compromise or arrangement with creditors or persons claiming to 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; or(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(2) notwithstanding anything contained in sub-section (1), in the case of a winding up by the tribunal, the central government may make rules to provide that the company liquidator may, under such circumstances, if any, and subject to such conditions, restrictions and limitations, if any, as may be prescribed, exercise any of the powers referred to in subclause (ii) or sub-clause (iii) of clause (b) of sub-section (1) without the sanction of the tribunal(3) any creditor or contributory may apply in the manner prescribed to the tribunal with respect to any exercise or proposed exercise of powers by the company liquidator under this section, and the tribunal shall after giving a reasonable opportunity to such applicant and the company liquidator, pass such orders as it may think fitstatement that a company is in liquidation319 (1) where a company is being wound up, whether by the tribunal or voluntarily, every invoice, order for goods or business letter issued by or on behalf of the company or a company liquidator of the company, or a receiver or manager of the property of the company, being a document on or in which the name of the company appears, shall contain a statement that the company is being wound up(2) if any default is made in complying with the provisions of this section, the company, and every officer of the company, the company liquidator and any receiver or manager, who wilfully authorises or permits the default, shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees320 where a company is being wound up, all books and papers of the company and of the company liquidator shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be recorded thereinbooks and papers of company to be evidence321 (1) at any time after the making of an order for the winding up of a company by the tribunal, any creditor or contributory of the company may inspect the books and papers of the company only in accordance with, and subject to such rules as may be prescribedinspection of books and papers by creditors and contributories(2) nothing in sub-section (1) shall be taken as excluding or restricting any rights conferred by any law for the time being in force—(a) on the central government or a state government, (b) on any authority or officer thereof, or (c) on any person acting under the authority of any such government or of any such authority or officer322 (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 as follows:—disposal of books and papers of company(a) in the case of winding up by the tribunal, in such manner as the tribunal directs; and(b) in the case of voluntary winding up, in such manner as the company by special resolution with the prior approval of the creditors directs (2) after the expiry of five years from the dissolution of the company, no responsibility shall devolve on the company, the company liquidator, or any person to whom the custody of the books and papers has been entrusted, by reason of any book or paper not being forthcoming to any person claiming to be interested therein(3) the central government may, by rules,—(a) prevent for such period as the central government thinks proper the destruction of the books and papers of a company which has been wound up and of its company liquidator; and(b) enable any creditor or contributory of the company to make representations to the central government in respect of the matters specified in clause (a) and to appeal to the tribunal from any order which may be made by the central government in the matter (4) if any person acts in contravention of any such rules or of any direction of the central government thereunder, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with bothinformation as to pending liquidations323 (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 the prescribed form and containing the prescribed particulars duly audited, by a person qualified to act as auditor of the company, with respect to the proceedings in, and position of, the liquidation,—(a) in the case of a winding up by the tribunal, with the tribunal; and (b) in the case of a voluntary winding up, with the registrar :provided that no such audit as is referred to in this sub-section shall be necessary where the provisions of section 269 apply(2) when the statement is filed with the tribunal under clause (a) of sub-section (1), a copy shall simultaneously be filed with the registrar and shall be kept by him along with the other records of the company(3) where a statement referred to in sub-section (1) relates to a government company in liquidation, the company liquidator shall forward a copy thereof—(a) to the central government, if that government is a member of the government company;(b) to any state government, if that government is a member of the government company; or(c) to the central government and any state government, if both the governments are members of the government company (4) any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement referred to in sub-section (1), and to receive a copy thereof or an extract therefrom45 of 1860(5) any person fraudulently stating himself to be a creditor or contributory under sub-section (4) shall be deemed to be guilty of an offence under section 182 of the indian penal code, and shall, on the application of the company liquidator, be punishable accordingly(6) if a company liquidator fails to comply with any of requirements of this section, he shall be punishable with fine which may extend to five thousand rupees for every day during which the failure continues(7) if a company liquidator makes wilful default in causing the statement referred to in sub-section (1) audited by a person who is not qualified to act as an auditor of the company, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both324 every official liquidator shall, in such manner and at such times as may be prescribed, pay the moneys received by him as official liquidator of any company, into the public account of india in the reserve bank of indiaofficial liquidator to make payments into public account of india325 (1) every company liquidator of a company shall, in such manner and at such times as may be prescribed, deposit the monies received by him in his capacity as such in a scheduled bank to the credit of a special bank account opened by him in that behalf:company liquidator to deposit into scheduled bankprovided that if the tribunal considers that it is advantageous for the creditors or contributories or the company, it may permit the account to be opened in such other bank specified by it(2) if any company liquidator at any time retains for more than ten days a sum exceeding five thousand rupees or such other amount as the tribunal may, on the application of the company liquidator, authorise him to retain, then, unless he explains the retention to the satisfaction of the tribunal, he shall—(a) pay interest on the amount so retained in excess, at the rate of twelve per cent per annum and also pay such penalty as may be determined by the registrar;(b) be liable to pay any expenses occasioned by reason of his default; and (c) also be liable to have all or such part of his remuneration, as the tribunal may consider just, disallowed, or may also be removed from his office326 neither the official liquidator nor the company liquidator of a company shall deposit any monies received by him in his capacity as such into any private banking accountliquidator not to deposit monies into private banking account327 (1) where any company is being wound up and the liquidator has in his hands or under his control any money representing—(a) dividends payable to any creditor but which had remained unpaid for six months after the date on which they were declared, orcompany liquidation dividend and undistributed assets account(b) assets refundable to any contributory which have remained undistributed for six months after the date on which they become refundable, the liquidator shall forthwith deposit the said money into a separate special account to be known as the company liquidation dividend and undistributed assets account maintained in a scheduled bank(2) the liquidator shall, on the dissolution of the company, pay into the company liquidation dividend and undistributed assets account any money representing unpaid dividends or undistributed assets in his hands at the date of dissolution(3) the liquidator shall, when making any payment referred to in sub-sections (1) and(2), furnish to such officer as the central government may appoint in this behalf, a statement in the prescribed form, setting forth, in respect of all sums included in such payment, the nature of the sums, the names and last known addresses of the persons entitled to participate therein, the amount to which each is entitled and the nature of his claim thereto, and such other particulars as may be prescribed(4) the liquidator shall be entitled to a receipt from the scheduled bank for any money paid to it under sub-sections (1) and (2), and such receipt shall be an effectual discharge of the company liquidator in respect thereof(5) where a company is being wound up voluntarily, the company liquidator shall, when filing a statement in pursuance of sub-section (1) of section 323, indicate the sum of money which is payable under sub-sections (1) and (2) of this section during the six months preceding the date to which the said statement is prepared, and shall, within fourteen days of the date of filing the said statement, pay that sum into the company liquidation dividend and undistributed assets account(6) any person claiming to be entitled to any money paid into the company liquidation dividend and undistributed assets account, whether paid in pursuance of this section or under the provisions of any previous company law apply to the tribunal for an order for payment thereof, and the tribunal, if satisfied that the person claiming is entitled, may make an order for the payment to that person of the sum due:provided that before making such an order, the tribunal shall cause a notice to be served on such officer as the central government may appoint in this behalf, calling on the officer to show cause within one month from the date of the service of the notice why the order should not be made(7) any money paid into the company liquidation dividend and undistributed assets account in pursuance of this section, which remains unclaimed thereafter for a period of fifteen years, shall be transferred to the general revenue account of the central government, but a claim to any money so transferred may be preferred under sub-section (6) and shall be dealt with as if such transfer had not been made and the order, if any, for payment on the claim will be treated as an order for refund of revenue(8) any liquidator retaining any money which should have been paid by him into the company liquidation dividend and undistributed assets account under this section shall—(a) pay interest on the amount so retained at the rate of twelve per cent per annum and also pay such penalty as may be determined by the registrar: provided that the central government may in any proper case remit either in part or in whole the amount of interest which the liquidator is required to pay under this clause;(b) be liable to pay any expenses occasioned by reason of his default; and (c) where the winding up is by the tribunal, also be liable to have all or such part of his remuneration, as the tribunal may consider just, to be disallowed, and to be removed from his office by the tribunalliquidator to make returns, etc328 (1) if any company liquidator who has made any default in filing, delivering or making any return, account or other document, or in giving any notice which he is by law required to file, deliver, make or give, fails to make good the default within fourteen days after the service on him of a notice requiring him to do so, the tribunal may, on an application made to it by any contributory or creditor of the company or by the registrar, make an order directing the company liquidator to make good the default within such time as may be specified in the order(2) any order under sub-section (1) may provide that all costs of and incidental to the application shall be borne by the company liquidator(3) nothing in this section shall prejudice the operation of any enactment imposing penalties on a company liquidator in respect of any such default as aforesaid329 (1) in all matters relating to the winding up of a company, the tribunal may—(a) have regard to the wishes of creditors or contributories of the company, as proved to it by any sufficient evidence;meetings to ascertain wishes of creditors or contributories(b) if it thinks fit for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held and conducted in such manner as the tribunal may direct; and(c) appoint a person to act as chairman of any such meeting and to report the result thereof to the tribunal (2) when ascertaining the wishes of creditors, regard shall be had to the value of each creditor's debt(3) when ascertaining the wishes of contributories, regard shall be had to the number of votes which may be cast by each contributory330 (1) any affidavit required to be sworn under the provisions, or for the purposes, of this chapter may be sworn—(a) in india before any court, tribunal, judge or person lawfully authorised to take and receive affidavits; andcourt, tribunal or person, etc, before whom affidavit may be sworn(b) in any other country before any court, judge or person lawfully authorised to take and receive affidavits in that country or before an indian diplomatic or consular officer (2) all tribunals, judges, justices, commissioners and persons acting judicially in india shall take judicial notice of the seal, stamp or signature, as the case may be, of any such court, tribunal, judge, person, diplomatic or consular officer, attached, appended or subscribed to any such affidavit or to any other document to be used for the purposes of this chapterpowers of tribunal to declare dissolution of company void331 (1) where a company has been dissolved, whether in pursuance of this chapter or of section 203 or otherwise, the tribunal may at any time within two years of the date of the dissolution, on application by the company liquidator of the company or by any other person who appears to the tribunal to be interested, make an order, upon such terms as the tribunal thinks fit, declaring the dissolution to be void, and thereupon such proceedings may be taken as if the company had not been dissolved(2) it shall be the duty of the person on whose application the order was made, within thirty days after the making of the order or such further time as the tribunal may allow, to file a certified copy of the order with the registrar who shall register the same, and if such person fails so to do, he shall be punishable with fine which may extend to ten thousand rupees for every day during which the default continuescommencement of winding up by tribunal332 (1) where, before the presentation of a petition for the winding up of a company by the tribunal, a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the tribunal, on proof of fraud or mistake, thinks fit to direct otherwise, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken(2) in any other case, the winding up of a company by the tribunal shall be deemedto commence at the time of the presentation of the petition for the winding up36 of 1963exclusion of certain time in computing period of limitation333 notwithstanding anything contained in the limitation act, 1963 or in any otherlaw 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 company which is being wound up by the tribunal, the period from the date of commencement of the winding up of the company to a period of one year immediately following the date of the winding up order shall be excluded part iv official liquidatorsappointment of official liquidator334 (1) for the purposes of this act, so far as it relates to the winding up of companies by the tribunal, the central government may appoint as many official liquidators as it may consider necessary and may also appoint joint, deputy or assistant official liquidators to assist him in discharge of his functions(2) the liquidators appointed under sub-section (1) shall be whole-time officers of the central government(3) the salary and other allowances of the official liquidator, joint official liquidator, deputy official liquidator, assistant official liquidator shall be paid by the central government335 (1) the official liquidator shall exercise such powers and perform such duties as the central government may prescribepowers and functions of official liquidator(2) without prejudice to the provisions of sub-section (1), the official liquidator may—(a) exercise all or any of the powers as may be exercised by a company liquidator under the provisions of this act;(b) conduct inquiries or investigations, if directed by the tribunal or the central government in respect of matters arising out of winding up proceedings; and(c) maintain such statistics, information and records as may be prescribed relating to companies under winding upsummary procedure for liquidation336 (1) where the company to be wound up under this chapter has assets of book value not exceeding one crore rupees, the tribunal may order it to be wound up by summary procedure provided under this part(2) where an order under sub-section (1) is made the tribunal shall appoint the official liquidator as the liquidator of the company(3) the official liquidator shall forthwith take into his custody or control all assets, effects and actionable claims to which the company is or appears to be entitled(4) the official liquidator shall, within thirty days of appointment, submit a report to the tribunal in such manner and form as may be prescribed including a report whether in his opinion, any fraud has been committed in promotion, formation or management of the affairs of the company or not(5) on receipt of the report under sub-section (4), if the tribunal is satisfied that any fraud has been committed by the promoters, directors or any other officer of the company, it may direct further investigation into the affairs of the company and that a report shall be submitted within such time as may be specified(6) after considering the investigation report under sub-section (5), the tribunal may order that winding up may be proceeded under part i of this chapter or under the provision of this part337 (1) the official liquidator shall expeditiously dispose of all the assets within sixty days of his appointmentsale of assets and recovery of debts due to company(2) the official liquidator shall serve a notice within thirty days of his appointment calling upon the debtors of the company or the contributories, as the case may be, to deposit within thirty days with him the amount payable to the company(3) where any debtor does not deposit the amount under sub-section (2), the tribunal may pass such orders as it thinks fit(4) the amount recovered by the official liquidator shall be deposited in accordance with the provisions of section 324338 (1) the official liquidator within thirty days shall call upon the creditors of the company to prove their claims in the manner prescribed within thirty days of the receipt of such callsettlement of claims of creditors by official liquidator(2) the official liquidator shall prepare a list of claims of creditors in the manner as may be prescribed and each creditor shall be communicated of the claims accepted or rejected for reasons to be recorded in writingappeal by creditor339 (1) any creditor aggrieved by the decision of the official liquidator under section 338 may file an application before the tribunal within thirty days(2) the tribunal may after calling the report from the official liquidator either dismiss the application or modify the decision of the official liquidator(3) the official liquidator shall make payment to the creditors whose claims have been accepted340 (1) the official liquidator shall submit a final report to the tribunal when he is satisfied that the company is finally wound up| order ||----------------|| dissolution of || company |(2) the tribunal on receipt of such report shall order that the company be dissolved (3) where an order is made under sub-section (2) by the tribunal, the registrar shall strike off the name of the company from the register of companies and publish a notification to this effect chapter xxi companies incorporated outside indiaapplication of act to foreign companies341 where not less than fifty per cent of the paid-up share capital, whether equity or preference or partly equity and partly preference, of a foreign company is held by one or more citizens of india or by one or more companies or bodies corporate incorporated in india, or by one or more citizens of india and one or more companies or bodies corporate incorporated in india, whether singly or in the aggregate, such company shall comply with the provisions of this chapter and such other provisions of this act as may be prescribed with regard to the business carried on by it in india as if it were a company incorporated in india342 (1) every foreign company shall, within thirty days of the establishment of its place of business in india, deliver to the registrar for registration—documents, etc, to be delivered to registrar by foreign companies(a) a certified copy of the charter, statutes, or memorandum and articles, of thecompany or other instrument constituting or defining the constitution of the company and, if the instrument is not in the english language, a certified translation thereof in the english language;(b) the full address of the registered or principal office of the company;(c) a list of the directors and secretary of the company containing such particulars as may be prescribed;(d) the name and address or the names and addresses of one or more persons resident in india authorised to accept on behalf of the company service of process and any notices or other documents required to be served on the company; and(e) the full address of the office of the company in india which is to be deemed its principal place of business in india1 of 1956(2) every foreign company existing at the commencement of this act shall, if it has not delivered to the registrar before such commencement, the documents and particulars specified in sub-section (1) of section 592 of the companies act, 1956, continue to be subject to the obligation to deliver those documents and particulars in accordance with that act(3) where any alteration is made or occurs in the documents delivered to the registrar under this section, the foreign company shall, within thirty days of such alteration, deliver to the registrar for registration, a return containing the particulars of the alteration in the prescribed form343 (1) every foreign company shall, in every calendar year,—accounts of foreign company(a) make out a balance sheet and profit and loss account in such form, containingsuch particulars and including or having annexed or attached thereto such documents, including, in particular, documents relating to every subsidiary company of the foreign company, as under the provisions of this act it would, if it had been a company within the meaning of this act, have been required to make out and lay before the company in general meeting; and(b) deliver a copy of those documents to the registrar:provided that the central government may, by notification, direct that, in the case of any foreign company or class of foreign companies, the requirements of clause (a) shall not apply, or shall apply subject to such exceptions and modifications as may be specified in that notification(2) if any such document as is mentioned in sub-section (1) is not in the english language, there shall be annexed to it a certified translation thereof in the english language(3) every foreign company shall send to the registrar along with the documents required to be delivered to him under sub-section (1), a copy of a list in the prescribed form of all places of business established by the company in india as at the date with reference to which the balance sheet referred to in sub-section (1) is made out344 every foreign company shall—display of name, etc, of foreign company(a) conspicuously exhibit on the outside of every office or place where it carrieson business in india, the name of the company and the country in which it is incorporated, in letters easily legible in english characters, and also in the characters of the language or one of the languages in general use in the locality in which the office or place is situate;(b) cause the name of the company and of the country in which the company is incorporated, to be stated in legible english characters in all business letters, bill-heads and letter paper, and in all notices, and other official publications of the company; and(c) if the liability of the members of the company is limited, cause notice of that fact—(i) to be stated in every such prospectus issued and in all business letters, bill-heads, letter paper, notices, advertisements and other official publications of the company, in legible english characters; and(ii) to be conspicuously exhibited on the outside of every office or place where it carries on business in india, in legible english characters and also in legible characters of the language or one of the languages in general use in the locality in which the office or place is situateservice on foreign company345 any process, notice, or other document required to be served on a foreign company shall be deemed to be sufficiently served, if addressed to any person whose name and address have been delivered to the registrar under section 342 and left at, or sent by post to, the address which has been so delivered to the registrar or by electronic mode346 (1) the provisions of section 64 shall apply mutatis mutandis to a foreign company(2) the provisions of section 82 shall, subject to such exceptions, modifications and adaptations as may be made therein by rules made under this act, apply to a foreign company as they apply to a company incorporated in indiadebentures, annual return, registration of charges, books of account and their inspection(3) the provisions of section 116 shall apply to a foreign company to the extent of requiring it to keep at its principal place of business in india the books of account referred to in that section, with respect to monies received and spent, sales and purchases made, and assets and liabilities, in the course of or in relation to its business in india(4) the provisions of chapter vi shall apply mutatis mutandis to charges on properties which are created or acquired by any foreign company(5) the provisions of chapter xiv shall apply mutatis mutandis to the indian business of a foreign company as they apply to a company incorporated in indiafee for registration of documents347 there shall be paid to the registrar for registering any document required by the provisions of this chapter to be registered by him, such fee and with additional fee, if any, as may be prescribedinterpretation348 for the purposes of this chapter,—(a) the expression "certified" means certified in the prescribed manner to be a true copy or a correct translation;(b) the expression "director", in relation to a foreign company, includes any person in accordance with whose directions or instructions the board of directors of the company is accustomed to act; and(c) the expression "place of business" includes a share transfer or share registration office349 (1) no person shall issue, circulate or distribute in india any prospectus offering to subscribe for securities of a company incorporated or to be incorporated outside india, whether the company has or has not established, or when formed will or will not establish, a place of business in india, unless the prospectus is dated and signed, anddating of prospectus and particulars to be contained therein(a) contains particulars with respect to the following matters, namely:—(i) the instrument constituting or defining the constitution of the company;(ii) the enactments or provisions by or under which the incorporation of the company was effected;(iii) address in india where the said instrument, enactments or provisions, or copies thereof, and if the same are not in the english language, a certified translation thereof in the english language;(iv) the date on which and the country in which the company would be or was incorporated; and(v) whether the company has established a place of business in india and, if so, the address of its principal office in india; and (b) states the matters specified under section 23:provided that sub-clauses (i), (ii) and (iii) of clause (a) of this sub-section shall not apply in the case of a prospectus issued more than two years after the date at which the company is entitled to commence business(2) any condition requiring or binding an applicant for securities to waive compliance with any requirement imposed by virtue of sub-section (1), or purporting to impute him with notice of any contract, documents or matter not specifically referred to in the prospectus, shall be void(3) no person shall issue to any person in india a form of application for securities of such a company or intended company as is mentioned in sub-section (1), unless the form is issued with a prospectus which complies with the provisions of this chapter and such issue does not contravene the provisions of section 350:provided that this sub-section shall not apply if it is shown that the form of application was issued in connection with a bona fide invitation to a person to enter into an underwriting agreement with respect to securities(4) this section shall not apply—(a) to the issue to existing members or debenture holders of a company of a prospectus or form of application relating to securities of the company, whether an applicant for securities will or will not have the right to renounce in favour of other persons; and(b) except in so far as it requires a prospectus to be dated, to the issue of a prospectus relating to securities which are or are to be in all respects uniform with securities previously issued and for the time being dealt in or quoted on a recognised stock exchange, but, subject as aforesaid, this section shall apply to a prospectus or form of application whether issued on or with reference to the formation of a company or subsequently (5) nothing in this section shall limit or diminish any liability which any person may incur under any law for the time being in force in india or under this act apart from this sectionprovisions as to expert'sconsent andallotment350 (1) no person shall issue, circulate or distribute in india any prospectus offering for subscription in securities of a company incorporated or to be incorporated outside india, whether the company has or has not been established, or when formed will or will not establish, a place of business in india,—(a) if, where the prospectus includes a statement purporting to be made by an expert, he has not given, or has before delivery of the prospectus for registration withdrawn, his written consent to the issue of the prospectus with the statement included in the form and context in which it is included, or there does not appear in the prospectus a statement that he has given and has not withdrawn his consent as aforesaid; or(b) if the prospectus does not have the effect, where an application is made in pursuance thereof, of rendering all persons concerned bound by all the provisions of sections 28 and 35, so far as applicable (2) for the purposes of this section, a statement shall be deemed to be included in a prospectus, if it is contained in any report or memorandum appearing on the face thereof or by reference incorporated therein or issued therewithregistration of prospectus351 no person shall issue, circulate or distribute in india any prospectus offering for subscription in securities of a company incorporated or to be incorporated outside india, whether the company has or has not established, or when formed will or will not establish, a place of business in india, unless before the issue, circulation or distribution of the prospectus in india, a copy thereof certified by the chairman and two other directors of the company as having been approved by resolution of the managing body has been delivered for registration to the registrar and the prospectus states on the face of it that a copy has been so delivered, and there is endorsed on or attached to the copy, any consent to the issue of the prospectus required by section 350 and such documents as may be prescribed352 notwithstanding anything contained in any other law for the time being in force,the central government may make rules applicable for—offer of indian depository receipts(a) the offer of indian depository receipts; (b) the requirement of disclosures in prospectus or letter of offer issued inconnection with indian depository receipts;(c) the manner in which the indian depository receipts shall be dealt with in adepository mode and by custodian and underwriters; and(d) the manner of sale, transfer or transmission of indian depository receipts,by a company incorporated or to be incorporated outside india, whether the company has or has not established, or will or will not establish, any place of business in india353 (1) the provisions of sections 29 to 31 (both inclusive) shall apply to the issue of a prospectus by a company incorporated outside india under section 351 as they apply to prospectus issued by an indian companyapplication of sections 29 to 31 and chapter xx(2) the provisions of chapter xx shall apply mutatis mutandis for closure of the place of business of a foreign company in india as if it were a company incorporated in indiapunishment for contravention354 without prejudice to the provisions of section 353, where a foreign company fails to comply with any of the provisions of this chapter, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and in the case of a continuing offence, with an additional fine which may extend to fifty thousand rupees for every day during which the default continues and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both355 any failure by a company to comply with the provisions of this chapter shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability to be sued in respect thereof, but the company shall not be entitled to bring any suit, claim any set-off, make any counter-claim or institute any legal proceeding in respect of any such contract, dealing or transaction, until the company has complied with the provisions of this act applicable to itc o m p a n y 's failure tocomply with provisions of this chapternot to affect validity ofcontracts, etc chapter xxii government companies356 (1) where the central government is a member of a government company, the central government shall cause an annual report on the working and affairs of that company to be—annual reports on government companies(a) prepared within three months of its annual general meeting before which the comments given by the comptroller and auditor-general and the audit report are placed under the proviso to sub-section (6) of section 126; and(b) as soon as may be after such preparation, laid before both houses of parliament together with a copy of the audit report and any comments upon or supplement to the audit report, made by the comptroller and auditor-general (2) where in addition to the central government, any state government is also a member of a government company, that state government shall cause a copy of the annual report prepared under sub-section (1) to be laid before the house or both houses of the state legislature together with a copy of the audit report and the comments upon or supplement to the audit report referred to under sub-section (1)(3) where the central government is not a member of a government company, every state government which is a member of that company, or where only one state government is a member of the company, that state government shall cause an annual report on the working and affairs of the company to be—(a) prepared within the time specified in sub-section (1) ; and(b) as soon as may be after such preparation, laid before the house or both houses of the state legislature with a copy of the audit report and comments upon or supplement to the audit report referred to under sub-section (1)(4) the provisions of this section shall, so far as may be, apply to a government company in liquidation as they apply to any other government company357 (1) save as otherwise expressly provided, the central government may, by notification, direct that any of the provisions of this act shall not apply, or shall apply with such exceptions, modifications and adaptations, as may be specified in that notification, to any government companypower to modify act in its application t o government companies(2) a copy of every notification proposed to be issued under sub-section (1) shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses chapter xxiii registration offices and feesregistration offices358 (1) for the purposes of exercising such powers and discharging such functions as are conferred on the central government by or under this act or under the rules made thereunder and for the purposes of registration of companies under this act, the central government shall, by notification, establish such number of offices at such places as it thinks fit, specifying their jurisdiction(2) the central government may appoint a director general of registration, such number of registrars, additional, joint, deputy and assistant registrars as it considers necessary for the registration of companies under this act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed(3) the terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed(4) the central government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companiesadmissibility of certaindocuments as evidence359 notwithstanding anything contained in any other law for the time being in force, any document reproducing or derived from returns and documents filed by a company with the registrar on paper or in electronic form or stored on any electronic data storage device or computer readable media by the registrar, and authenticated by the registrar or any other officer empowered by the central government in such manner as may be prescribed, shall be deemed to be a document for the purposes of this act and the rules made thereunder and shall be admissible in any proceedings thereunder without further proof or production of the original as evidence of any contents of the original or of any fact stated therein of which direct evidence is admissible21 of 2000360 (1) notwithstanding anything to the contrary contained in this act, and without prejudice to the provisions contained in section 6 of the information technology act, 2000 the central government may make rules so as to require from such date as may be prescribed in the rules that –provisions relating to filing of applications, documents, inspection, etc, in electronic form(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this act or rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed;(b) such document, notice, any communication or intimation, as may be required to be served or delivered under this act, in the electronic form and authenticated in such manner as may be prescribed;(c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this act or rules made thereunder shall be maintained by the registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed;(d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this act or rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed;(e) such fees, charges or other sums payable under this act or rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and(f) the registrar shall register change of registered office, alteration of memorandum or articles, prospectus, issue certificate of incorporation, register such document, issue such certificate, record notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this act or rules made thereunder or perform duties or discharge functions or exercise powers under this act or rules made thereunder or do any act which is by this act directed to be performed or discharged or exercised or done by the registrar in the electronic form in such manner as may be prescribedexplanation— for the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this act or punishment therefor (2) the central government may, by notification, frame a scheme to carry out the provisions of sub-section (1) through the electronic form361 the central government may also provide in the rules made under section 360that the electronic form for the purposes specified in that section shall be exclusive, or in the alternative or in addition to the physical form, thereforelectronic form to be exclusive, alternative or in addition362 the central government may provide such value added services through the electronic form and levy such fee thereon as may be prescribedprovision of value added services through electronic form21 of 2000363 all the provisions of the information technology act, 2000 relating to the electronicrecords, including the manner and format in which the electronic records shall be filed, in so far as they are not inconsistent with this act, shall apply in relation to the records in electronic form specified under section 360application of provisions of information technology act, 2000 fee for filing, etc364 (1) any document, required to be submitted, filed, registered or recorded, or any fact or information required or authorised to be registered under this act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:provided that any document, fact or information may be submitted, filed, registered or recorded, after the time specified in relevant provision for such submission, filing, registering or recording, within a period of two hundred and seventy days from the date by which it should have been submitted, filed, registered or recorded, as the case may be, on payment of such additional fee as may be prescribed(2) where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the proviso to that sub-section with additional fee, the company and its officers who are in default, shall, without prejudice to the liability for payment of fee and additional fee, be liable for the action or liability provided under this act for such failure or defaultfees, etc, to be credited into public account365 all fees, charges, and other sums received by any registrar, additional, joint, deputy, or assistant registrar, or any other officer of the central government in pursuance of any provision of this act shall be paid into the public account of india in the reserve bank of india chapter xxiv companies to furnish information or statistics366 (1) the central government may, by order, require companies generally, or any class of companies, or any company, to furnish such information or statistics with regard to their or its constitution or working, and within such time, as may be specified in the orderpower ofcentral government to direct companies to furnish information or statistics(2) every order under sub-section (1) shall be published in the official gazette and may be addressed to companies generally or to any class of companies, in such manner, as the central government may think fit and the date of such publication shall be deemed to be the date on which requirement for information or statistics is made on such companies or class of companies, as the case may be(3) for the purpose of satisfying itself that any information or statistics furnished by a company in pursuance of any order under sub-section (1) is correct and complete, the central government may by order require such company to produce such records or documents in its possession or allow inspection thereof by such officer or furnish such further information as that government may consider necessary(4) if any company fails to comply with an order made under sub-section (1) or subsection (3), or knowingly furnishes any information or statistics which is incorrect or incomplete in any material respect, the company shall be punishable with fine which may extend to twenty-five thousand rupees and every officer who is in default, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees, or with both(5) where a foreign company carries on business in india, all references to a company in this section shall be deemed to include references to the foreign company in relation, and only in relation, to such business chapter xxv nidhispower to modify act in its application to nidhis367 (1) in this section, "nidhi" means a company which has been incorporated with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual benefit, and which the central government has, by notification, declared to be a nidhi(2) save as otherwise expressly provided, the central government may, by notification, direct that any of the provisions of this act shall not apply, or shall apply with such exceptions, modifications and adaptations as may be specified in that notification, to any nidhi(3) a copy of every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each house of parliament(4) a copy of every notification proposed to be issued under sub-section (2), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses chapter xxvi national company law tribunal and appellate tribunal368 in this chapter, unless the context otherwise requires,—definitions(a) "chairperson" means the chairperson of the appellate tribunal; (b) "judicial member" means a member of the tribunal or the appellate tribunal appointed as such and includes the president or the chairperson, as the case may be;(c) "member" means a member, whether judicial or technical of the tribunal or the appellate tribunal, and includes the president or the chairperson, as the case may be;(d) "president" means the president of the tribunal; (e) "technical member" means a member of the tribunal or the appellate tribunal appointed as suchconstitution of national company law tribunal369 the central government shall, by notification, constitute, with effect from such date as may be specified therein, a tribunal to be known as the "national company law tribunal" consisting of a president and such number of judicial and technical members, as the central government may deem necessary, to be appointed by it by notification, to exercise and discharge such powers and functions as are, or may be, conferred on it by or under this act or any other law for the time being in force370(1) the president shall be a person who is or has been a judge of a high court for five yearsqualifications of presidentand members of tribunal(2) a person shall not be qualified for appointment as a judicial member unless he—(a) has for at least ten years been a member of the indian legal service or the indian company law service (legal branch), or held any equivalent post in the central government or a state government, out of which at least three years of service in the pay-scale which is not less than the pay-scale of the joint secretary to the government of india; or(b) has for at least ten years held a judicial office in the territory of india; or (c) has for at least ten years been an advocate of a high courtexplanation—for the purposes of clauses (b) and (c),—(i) in computing the period during which a person has held a judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a high court or has held the office of a member of any other tribunal or any post under the central government or any state government, requiring special knowledge of law;(ii) in computing the period during which a person has been an advocate of a high court, there shall be included any period, after he became an advocate, during which the person has held any judicial office or the office of a member of any other tribunal or any post under the central government or any state government, requiring special knowledge of law (3) a person shall not be qualified for appointment as a technical member unless he—(a) has for at least ten years been a member of the indian company law service(accounts branch), or held any equivalent post in the central government or a state government, out of which at least three years of service in the pay-scale which is not less than the pay-scale of the joint secretary to the government of india; or(b) is or has been a joint secretary to the government of india under the central staffing scheme, or has held any other post under the central government or a state government carrying pay-scale which is not less than the pay-scale of the joint secretary to the government of india, for at least three years and has adequate knowledge of and experience in dealing with matters relating to companies; or(c) is or has been in practice as a chartered accountant for at least twenty years; or(d) is or has been in practice as a cost accountant for at least twenty years; or (e) is or has been in practice as a company secretary for at least twenty years;or(f) is a person of ability, integrity and standing having special knowledge and experience, for not less than twenty years, in law, finance, banking management, industrial administration, economics, labour matters, or such other disciplines related to management, conduct of affairs, revival, rehabilitation and winding up of companiesconstitution of appellate tribunal371 the central government shall, by notification, constitute, with effect from such date as may be specified therein, an appellate tribunal to be known as the "national company law appellate tribunal" consisting of a chairperson and such number of judicial and technical members, not exceeding eleven, as the central government may deem fit, to be appointed by it by notification, for hearing appeals against the orders of the tribunal372 (1) the chairperson shall be a person who is or has been a judge of the supreme court or the chief justice of a high court(2) a judicial member shall be a person who is or has been a judge of a high court or is a judicial member of the tribunal, for five yearsqualifications of chairperson and members of appellate tribunal(3) a technical member shall be a person of ability, integrity and standing having special knowledge and experience, for not less than twenty-five years, in law, finance, banking management, industrial administration, economics, labour matters, or such other disciplines related to management, conduct of affairs, revival, rehabilitation and winding up of companies373 (i) the president of the tribunal and the chairperson and the judicial members of the appellate tribunal shall be appointed after consultation with the chief justice of indiaselection of members of tribunal and appellate tribunal(2) the members of the tribunal and the technical members of the appellate tribunal shall be appointed on the recommendation of a selection committee consisting of –(a) chief justice of india or his nominee; chairperson, (b) secretary in the ministry of corporate affairs; member, (c) secretary in the ministry of law and justice; member, and (d) two other secretaries to the government of india to be nominated by the central government; members (3) the secretary, ministry of corporate affairs shall be the convener of the selection committee(4) the selection committee shall determine its procedure for recommending persons under sub-section (2)(5) no appointment of the members of the tribunal or the appellate tribunal shall be invalid merely by reason of any vacancy or any defect in the constitution of the selection committee374 (1) a member of the tribunal shall hold office as such until he attains,—(a) in the case of the president, the age of sixty seven years; (b) in the case of any other member, the age of sixty-five yearsterm of office of president, chairperson and other members(2) a member of the appellate tribunal shall hold office as such until he attains,—(a) in the case of the chairperson, the age of seventy years; (b) in the case of any other member, the age of sixty-seven years375 the salary, allowances and other terms and conditions of service of the members of the tribunal and the appellate tribunal shall be such as may be prescribed:provided that neither the salary and allowance nor the other terms and conditions of service of the members shall be varied to their disadvantage after their appointmentsalary, allowancesand other terms and conditions of service of members acting president and chairperson of tribunal and appellate tribunal376 (1) in the event of the occurrence of any vacancy in the office of the president or the chairperson by reason of his death, resignation or otherwise, the senior-most member shall act as the president or the chairperson, as the case may be, until the date on which a new president or chairperson appointed in accordance with the provisions of this act to fill such vacancy enters upon his office(2) when the president or the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the president or the chairperson, as the case may be, until the date on which the president or the chairperson resumes his dutiesresignation of members377 the president, the chairperson or any member may, by notice in writing under his hand addressed to the central government, resign from his office:provided that the president, the chairperson or the member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the central government or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest| removal ||------------|| members |378 (1) the central government may, after consultation with the chief justice of india, remove from office the president, the chairperson or any member, who—(a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(c) has become physically or mentally incapable of acting as such president, chairperson or member; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such president, chairperson or member; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest: provided that the president, the chairperson or the member shall not be removed on any of the grounds specified in clauses (b) to (e) without giving him a reasonable opportunity of being heard(2) without prejudice to the provisions of sub-section (1), the president, the chairperson or the member shall not be removed from his office except by an order made by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court nominated by the chief justice of india on a reference made to him by the central government in which such president, chairperson or member had been informed of the charges against him and given a reasonable opportunity of being heard(3) the central government shall, after consultation with the supreme court, make rules to regulate the procedure for the inquiry on the ground of proved misbehaviour or incapacity referred to in sub-section (2)staff of tribunal and appellate tribunal379 (1) the central government shall, in consultation with the tribunal and theappellate tribunal, provide the tribunal and the appellate tribunal, as the case may be, with such officers and other employees as may be necessary for the exercise of the powers and discharge of the functions of the tribunal and the appellate tribunal(2) the officers and other employees of the tribunal and the appellate tribunal shall discharge their functions under the general superintendence and control of the president, or as the case may be, the chairman or any other member to whom powers for exercising such superintendence and control are delegated by him(3) the salaries and allowances and other conditions of service of the officers and other employees of the tribunal and the appellate tribunal shall be such as may be prescribedbenches of tribunal380 (1) there shall be constituted such number of benches of the tribunal, as may,by notification, be specified by the central government(2) the principal bench of the tribunal shall be at new delhi which shall be presided over by the president of the tribunal(3) the powers of the tribunal shall be exercisable by benches consisting of two members out of whom one shall be a judicial member and the other shall be a technical member:provided that it shall be competent for the members of the tribunal authorised in this behalf to function as a bench consisting of a single member and exercise the powers of the tribunal in respect of such class of cases or such matters pertaining to such class of cases, as the president may, by general or special order, specify:provided further that if at any stage of the hearing of any such case or matter, it appears to the member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the president, or, as the case may be, referred to him for transfer, to such bench as the president may deem fit(4) the president shall, for the disposal of any case relating to rehabilitation, restructuring, reviving or winding up, of companies, constitute one or more special benches consisting of three or more members, of which at least one of them shall necessarily be a judicial member(5) if the members of a bench differ in opinion on any point or points, it shall be decided according to the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and the case shall be referred by the president for hearing on such point or points by one or more of the other members of the tribunal and such point or points shall be decided according to the opinion of the majority of members who have heard the case, including those who first heard itorders of tribunal381 (1) the tribunal may, after giving the parties to any proceeding before it, a reasonable opportunity of being heard, pass such orders therein as it thinks fit(2) the tribunal may, at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties:provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this act(3) the tribunal shall send a copy of every order passed under this section to all the parties concerned382 (1) any person aggrieved by an order of the tribunal may prefer an appeal to the appellate tribunalappeal from orders of tribunal(2) no appeal shall lie to the appellate tribunal from an order made by the tribunal with the consent of parties(3) every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the tribunal is made available to the person aggrieved and shall be in such form, and 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 forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period(4) on the receipt of an appeal under sub-section (1), the appellate tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against(5) the appellate tribunal shall send a copy of every order made by it to the tribunal and the parties to appealexpeditious disposal by tribunal and appellate tribunal383 every proceeding presented before the tribunal and every appeal filed before the appellate tribunal shall be dealt with and disposed of by it as expeditiously as possible and every endeavour shall be made by the tribunal or the appellate tribunal, as the case may be, for the disposal of the proceeding or appeal within three months from the date of commencement of the proceeding before the tribunal or the filing of the appeal before the appellate tribunalappeal to supreme court384 any person aggrieved by any order of the appellate tribunal may file an appeal to the supreme court within sixty days from the date of communication of the order of the appellate tribunal to him on any question of law arising out of such order:provided that the supreme court may, if it is satisfied that the 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 days5 of 1908procedure before tribunal and appellate tribunal385 (1) the tribunal and the appellate tribunal shall not, while disposing of anyproceeding before it or, as the case may be, an appeal before it, 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 thereunder, the tribunal and the appellate tribunal shall have power to regulate their own procedure5 of 1908(2) the tribunal and the appellate tribunal shall have, for the purposes of dischargingtheir functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence1 of 1872act, 1872, requisitioning any public record or document or a copy of such record or document from any office;(e) issuing commissions for the examination of witnesses or documents;(f) dismissing a representation for default or deciding it ex parte;(g) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and(h) any other matter which may be prescribed by the central government(3) any order made by the tribunal or the appellate tribunal may be enforced by that tribunal 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 tribunal or the appellate tribunal to send for execution of its orders 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 situate; or(b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain45 of 1860 2 of 1974(4) all proceedings before the tribunal or the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code and the tribunal and the appellate tribunal shall be deemed to be civil courts for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973power to punish for contempt70 of 1971386 the tribunal and the appellate tribunal shall have the same jurisdiction, powersand authority in respect of contempt of themselves as the high court has and may exercise, for this purpose, the powers under the provisions of the contempt of courts act, 1971, subject to the modifications that—(a) the reference therein to a high court shall be construed as including a reference to the tribunal and the appellate tribunal; and(b) the reference to advocate-general in section 15 of the said act shall be construed as a reference to such law officers as the central government may, by notification, specify in this behalfdelegation of powers387 the tribunal or the appellate tribunal may, by general or special order, direct,subject to such conditions, if any, as may be specified in the order, any of its officers or employees or any other person authorised by it to inquire into any matter connected with any proceeding or, as the case may be, appeal before it and to report to it in such manner as may be specified in the order45 of 1860388 the president, members, officers and other employees of the tribunal and thechairperson, members, officers and other employees of the appellate tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal codemembers, officers, etc, to be public servants protection of action taken in good faith389 no suit, prosecution or other legal proceeding shall lie against the tribunal, thepresident, member, officer or other employee, or against the appellate tribunal, the chairperson, member, officer or other employee or liquidator or any other person authorised by the tribunal or the appellate tribunal for the discharge of any function under this act in respect of any loss or damage caused or likely to be caused by any act which is in good faith done or intended to be done in pursuance of this actpower to seek assistance of chief metropolitan magistrate, etc390 (1) the tribunal may, in any proceeding relating to a sick company or windingup of any other company, in order to take into custody or under its control all property, books of account or other documents, request, in writing, the chief metropolitan magistrate, chief judicial magistrate or the district collector within whose jurisdiction any such property, books of account or other documents of such sick or other company, are situate or found,to take possession thereof, and the chief metropolitan magistrate, chief judicial magistrate or the district collector, as the case may be, shall, on such request being made to him,—(a) take possession of such property, books of account or other documents;and(b) cause the same to be entrusted to the tribunal or other person authorised by it (2) for the purpose of securing compliance with the provisions of sub-section (1), the chief metropolitan magistrate, chief judicial magistrate or the district collector 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(3) no act of the chief metropolitan magistrate, chief judicial magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authority on any ground whatsoevercivil court not to havejurisdiction391 no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the tribunal or the appellate tribunal is empowered to determine by or under this act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act or any other law for the time being in force by the tribunal or the appellate tribunal392 no act or proceeding of the tribunal or the appellate tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the tribunal or the appellate tribunal, as the case may bevacancy in tribunal or appellate tribunal not to invalidate acts or proceedings right to legal representation393 a party to any proceeding or appeal before the tribunal or the appellate tribunal, as the case may be, may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the tribunal or the appellate tribunal, as the case may belimitation36 of 1963394 the provisions of the limitation act, 1963 shall, as far as may be, apply toproceedings or appeals before tribunal or the appellate tribunal, as the case may be395 on the date of the constitution of the tribunal,—transfer of certain pending proceedings1 of 1956(a) all matters, proceedings or cases pending before the board of company lawadministration (hereinafter 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: provided that the high court may if it is satisfied that the appellant was prevented bysufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days;1 of 1956(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 or high court, shall stand transferred to the tribunal and the tribunal may proceed to deal with such proceedings either de novo or from the stage before their transfer:provided that nothing in this clause shall apply to any proceedings for the winding up of a company subject to the supervision of court pending before any district court or high court immediately before such date, and such proceedings shall, after such date, continue to be dealt with by the district court or the high court, as the case may be, and—(i) the company shall be wound up in the same manner and with the same incidents, and(ii) any appeal against any order of the district court or the high court shall lie to the competent court to which appeal would have lain,1 of 1956as if the companies act, 1956 had continued to be in force chapter xxvii special courts396 (1) the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish as many special courts as may be necessaryestablishment of specialcourts(2) a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working(3) a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, holding office of a sessions judge or an additional sessions judge397 (1) notwithstanding anything contained in the code of criminal procedure,1973,—offences triable by special courts2 of 1974(a) all offences under this act shall be triable only by the special court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concerned;2 of 1974(b) where a person accused of, or suspected of the commission of, an offence under this act is forwarded to a magistrate under sub-section (2) or sub-section (2a) of section 167 of the code of criminal procedure, 1973, such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate and seven days in the whole where such magistrate is an executive magistrate: provided that where such magistrate considers that the detention of such person upon or before the expiry of the period of detention is unnecessary, he shall order such person to be forwarded to the special court having jurisdiction;2 of 1974(c) the special court may exercise, in relation to the person forwarded to it under clause (b), the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code of criminal procedure, 1973 in relation to an accused person who has been forwarded to him under that section; and(d) a special court may, upon perusal of the police report of the facts constituting an offence under this act or upon a complaint in that behalf, take cognizance of that offence without the accused being committed to it for trial2 of 1974(2) when trying an offence under this act, a special court may also try an offence other than an offence under this act with which the accused may, under the code of criminal procedure, 1973 be charged at the same trial2 of 1974(3) notwithstanding anything contained in the code of criminal procedure, 1973 the special court may, if it thinks fit, try in a summary way any offence under this act which is punishable with imprisonment for a term not exceeding three years:provided that in the case of any conviction in a summary trial, no sentence of imprisonment for a term exceeding one year shall be passed:provided further that when at the commencement of, or in the course of, a summary trial, it appears to the special court that the nature of the case is such that the sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special court shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure for the regular trial| appeal | and ||-----------------------------------------------------------------------------------------------|-------|| revision | || 2 of 1974 | || 398 | || the high court may exercise, so far as may be applicable, all the powers conferred | || by chapters xxix and xxx of the code of criminal procedure, 1973 on a high court, as if | || a special court within the local limits of the jurisdiction of the high court were a court of | || session trying cases within the local limits of the jurisdiction of the high court | || 2 of 1974 | || application of | || code | to || p r o c e e d i n g s | || before a special | || court | || 399 | || save as otherwise provided in this act, the provisions of the code of criminal | || procedure, 1973 shall apply to the proceedings before a special court and for the purposes | || of the said provisions, the special court shall be deemed to be a court of session and the | || person conducting a prosecution before a special court shall be deemed to be a public | || prosecutor | || 2 of 1974 | || offences to be | || non- | || cognizable | || 400 | || ( | || 1 | || ) notwithstanding anything in the code of criminal procedure, 1973, every | || offence under this act shall be deemed to be non-cognizable within the meaning of the said | || code | |(2) no court shall take cognizance of any office under this act which is alleged to have been committed by any company or any officer thereof, except on the complaint in writing of the registrar, a shareholder of the company, or of a person authorised by the central government in that behalf:provided that the court may take cognizance of offences relating to issue and transfer of securities and non-payment of dividend on a complaint in writing by a person authorised by the securities and exchange board of india:provided further that nothing in this sub-section shall apply to a prosecution by acompany of any of its officers2 of 1974(3) notwithstanding anything contained in the code of criminal procedure, 1973,where the complainant under sub-section (1) is the registrar or a person authorised by thecentral government, the presence of such officers before the court trying the offences shall not be necessary unless the court requires his personal attendance at the trial(4) the provisions of sub-section (2) shall not apply to any action taken by theliquidator of a company in respect of any offence alleged to have been committed in respect of any of the matters in chapter xx or in any other provision of this act relating to winding up of companiesexplanation—a liquidator of a company shall not be deemed to be an officer of thecompany within the meaning of sub-section (1)transitional provisions2 of 1974401 any offence committed under this act, which is triable by a special court shall,until a special court is established, be tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 1973:provided that nothing contained in this section shall affect the powers of the highcourt under section 407 of the code to transfer any case or class of cases taken cognizance by a court of session under this section2 of 1974composition of certainoffences402 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, either before or after the institution ofany prosecution, be compounded by the aggrieved person or persons with the permission of the court having jurisdiction to try the offence2 of 1974power of central government to appoint company prosecutors403 notwithstanding anything contained in the code of criminal procedure, 1973,the central government may appoint generally, or for any case, or in any case, or for any specified class of cases in any local area, one or more persons, as company prosecutors for the conduct of prosecutions arising out of this act and the persons so appointed as company prosecutors shall have all the powers and privileges conferred by the code on public prosecutors appointed under section 24 of the code2 of 1974appeal against acquittal404 notwithstanding anything contained in the code of criminal procedure, 1973,the central government may, in any case arising under this act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court, other than a high court, and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court405 the provisions of section 250 of the code shall apply mutatis mutandis toaccusation without reasonable cause before the special court or the court of sessioncompensation for accusation without reasonable cause application of fines406 the court imposing any fine under this act may direct that the whole or any partthereof shall be applied in or towards payment of the costs of the proceedings, or in or towards the payment of a reward to the person on whose information the proceedings were instituted chapter xxviii miscellaneouspunishment for false statements407 save as otherwise provided in this act, if in any return, report, certificate, balancesheet, prospectus, statement or other document required by or for the purposes of any of the provisions of this act, any person makes a statement,—(a) which is false in any material particulars, knowing it to be false; or(b) which omits any material fact, knowing it to be material,he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees408 save as otherwise provided in this act, if any person intentionally gives falseevidence—p u n i s h m e n t for falseevidence(a) upon any examination on oath or solemn affirmation, authorised under thisact; or(b) in any affidavit, deposition or solemn affirmation, in or about the winding upof any company under this act, or otherwise in or about any matter arising under this act,he shall be punishable with imprisonment for a term which shall not less than three years but which may extend to seven years and with fine which may extend to ten lakh rupeespunishment where no specific penalty or punishment is provided409 if a company or any other person contravenes any of the provisions of this actor the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this act, the company and every officer of the company who is indefault or such other person shall be punishable with fine which may extend to ten thousand rupees, and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continuespunishment in case of repeated default410 in case a company or any officer who is in default repeats the default, he shall be punishable with imprisonment as provided, but in case of defaults for which fine is provided either along with or exclusive of imprisonment, with fine which shall be twice the amount of fine for such default411 (1) if any officer or employee of a company—punishment for wrongful withholding of property(a) wrongfully obtains possession of any property, including cash of the company; or(b) having any such property including cash in his possession, wrongfully withholds it or knowingly applies it for the purposes other than those expressed or directed in the articles and authorised by this act, he shall, on the complaint of the company or of any creditor or contributory thereof, be punishable with fine which shall be not less than one lakh rupees but which may extend to five lakh rupees(2) the court trying an offence under sub-section (1) may also order such officer or employee to deliver up or refund, within a time to be fixed by it, any such property or cash wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to undergo imprisonment for a term which may extend to two years412 if any person or persons trade or carry on business under any name or title of which the word "limited" or the words "private limited" or the letters and word "opc limited" or any contraction or imitation thereof is or are the last word or words, that person or each of those persons shall, unless duly incorporated with limited liability, be punishable for using that name or title with fine which shall not be less than one lakh rupees but which may extend to five lakh rupeespunishment for improper use of "limited", "private limited" or "opc limited" adjudication of penalties413 (1) the central government may, by an order published in the official gazette, appoint as many officers of the central government, not below the rank of registrar, as adjudicating officers for adjudging penalty under the provisions of this act in the manner as may be prescribed(2) the central government shall while appointing adjudicating officers, specify their jurisdiction in the order under sub-section (1)(3) the adjudicating officer may, by an order impose the penalty on the company and the officer who is in default stating any non-compliance or any default under the relevant provision of the act(4) the adjudicating officer shall, before imposing any penalty, give a reasonable opportunity of being heard to such company and the officer who is in default(5) any person aggrieved by an order made by the adjudicating officer under subsection (4) may prefer an appeal to the regional director having jurisdiction in the matter(6) every appeal under sub-section (5) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person and shall be in such form, manner and be accompanied by such fee as may be prescribed(7) the regional director may, after giving the parties to the appeal an opportunity of being heard, pass such order as he thinks fit confirming, modifying or setting aside the order appealed against(8) (i) where company does not pay the penalty imposed by the adjudicating officer or the regional director within a period of ninety days from the date of the receipt of the copy of the order, it shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees;(ii) where an officer in default does not pay the penalty within a period of ninety days from the date of the receipt of the copy of the order, he shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with bothdormant company414 (1) where a company is formed and registered under this act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make an application to the registrar in such manner as may be prescribed for obtaining the status of a dormant companyexplanation— for the purposes of this section,—(i) "inactive company" means a company which has not been carrying on any business or operation, or has not made any significant accounting transaction during the last two financial years, or has not filed financial statements and annual returns during the last two financial years;(ii) "significant accounting transaction" shall not include payment of fees by a company to the registrar, payments made by it to fulfil the requirements of this act or any other law and payments for maintenance of its office and records (2) the registrar on consideration of the application allow the status of a dormant company to the applicant and issue a certificate in such form as may be prescribed to that effect(3) the registrar shall maintain a register of dormant companies in such form as may be prescribed(4) in case of a company which has not filed financial statements or annual returns for two financial years consecutively, the registrar shall issue a notice to that company and enter the name of such company in the register maintained for dormant companies(5) a dormant company shall have such minimum number of directors, file such documents and pay such annual fee as may be prescribed to the registrar to retain its dormant status in the register and may become an active company on an application made in this behalf accompanied by such documents and fee as may be prescribed(6) the registrar shall strike off the name of a dormant company from the register of dormant companies, which has failed to comply with the requirements of this sectionprotection of action taken in good faith415 no suit, prosecution or other legal proceeding shall lie against the governmentor any officer of government or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder, or in respect of the publication by or under the authority of the government or such officer, of any report, paper or proceedingsnon-disclosure of information in certain cases416 notwithstanding anything contained in any other law for the time being in force,the registrar, any officer of government or any other person shall not be compelled to disclose to any court, tribunal or other authority the source from where he got any information which—(a) has led the central government to order an investigation under section 183;or(b) is or has been material or relevant in connection with such investigation417 (1) the central government may, by notification, and subject to such conditions, limitations and restrictions as may be specified therein, delegate any of its powers or functions under this act other than the power to make rules to such authority or officer as may be specified in the notificationdelegation by central government of its powers and functions(2) a copy of every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each house of parliament418 (1) where the central government or the tribunal is required or authorised by any provision of this act—(a) to accord approval, sanction, consent, confirmation or recognition to or inrelation to, any matter;(b) to give any direction in relation to any matter; or (c) to grant any exemption in relation to any matter,powers of central government or tribunal to accord approval, etc, subject toconditions and to prescribefees on applicationsthen, in the absence of anything to the contrary contained in that provision or any other provision of this act, the central government or the tribunal may accord, give or grant such approval, sanction, consent, confirmation, recognition, direction or exemption, subject to such conditions, limitations or restrictions as it may think fit to impose and may, in the case of a contravention of any such condition, limitation or restriction, rescind or withdraw such approval, sanction, consent, confirmation, recognition, direction or exemption(2) save as otherwise provided in this act, every application which may be, or is required to be, made to the central government or the tribunal under any provision of this act—(a) in respect of any approval, sanction, consent, confirmation or recognition to be accorded by that government or the tribunal to, or in relation to, any matter;(b) in respect of any direction or exemption to be given or granted by that government or the tribunal in relation to any matter ; or(c) in respect of any other matter, shall be accompanied by such fee as may be prescribed:provided that different fees may be prescribed for applications in respect of different matters or in case of applications by different classes of companies419 notwithstanding anything contained in this act,—condonation of delays in certain cases(a) where any application required to be made to the central government underany provision of this act in respect of any matter is not made within the time specified therein, that government may, for reasons to be recorded in writing, condone the delay; and(b) where any document required to be filed with the registrar under anyprovision of this act is not filed within the time specified therein, the central government may, for reasons to be recorded in writing, condone the delayannual report by central government420 the central government shall cause a general annual report on the working and administration of this act to be prepared and laid before each house of parliament within one year of the close of the year to which the report relates421 (1) save as otherwise expressly provided, the central government may, by notification, direct that any of the provisions of chapters iii, iv, vii and ix to xiii of this act shall not apply, or shall apply with such exceptions, modifications and adaptations as may be specified in that notification, to private company, one person company and small company or any of thempower to modify certain provisions of act in their application to private company, one person company and small company(2) a copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses422 (1) no association or partnership consisting of more than such number of persons as may be prescribed shall be formed for the purpose of carrying on any business that has for its object the acquisition of gain by the association or partnership or by the individual members thereof, unless it is registered as a company under this act or is formed under any other law for the time being in force:prohibition of association or partnership of personsexceeding certainnumberprovided that the number of persons which may be prescribed under this sub-section shall not exceed one hundred(2) nothing in sub-section (1) shall apply to—(a) a hindu undivided family carrying on any business; or (b) an association or partnership, if it is formed by professionals who are governed by special acts (3) every member of an association or partnership carrying on business in contravention of sub-section (1) shall be personally liable for all liabilities incurred in such business and shall be punishable with fine which may extend to one lakh rupees1 of 1956423 (1)the companies act, 1956 and the registration of companies (sikkim) act,1961 (hereinafter in this section referred to as the repealed enactments) shall stand repealed:repeal of certain enactments and savings1 of 1956provided that the provisions of part ix a of the companies act, 1956 shall be applicable mutatis mutandis to a producer company in a manner as if the companies act, 1956 has not been repealed:1 of 1956provided further that until the constitution of the tribunal and the appellate tribunal, the provisions of the companies act, 1956 in regard to the jurisdiction, powers, authority and functions of the board of company law administration and court shall continue to apply as if the companies act, 1956 has not been repealed (2) notwithstanding the repeal under sub-section (1) of the repealed enactments,—(a) 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 direction given or any proceeding taken or any penalty or fine imposed under the repealed enactments shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) subject to the provisions of clause (a), 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 act, continue to be in force, and shall have effect as if made, directed, passed, given, taken, executed, issued or done under or in pursuance of this act;(c) any person appointed to any office under or by virtue of any repealed enactment shall be deemed to have been appointed to that office under or by virtue of this act;(d) the offices existing on the commencement of this act for the registration of companies shall continue as if they have been established under the provisions of this act;(e) the incorporation of companies registered under the repealed enactments shall continue to be valid and the provisions of this act shall apply to such companies as if they were registered under this act;(f) all registers and all funds constituted and established under the repealed enactments shall be deemed to be registers and funds constituted or established under the corresponding provisions of this act;(g) any prosecution instituted under the repealed enactments and pending immediately before the commencement of this act before any court shall, subject to the provisions of this act, continue to be heard and disposed of by the said court;1 of 1956(h) any inspection, investigation or inquiry ordered to be done under thecompanies act, 1956 shall continue to be proceeded with as if such inspection, investigation or inquiry has been ordered under the corresponding provisions of this act1 of 1897(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 as if the registration of companies (sikkim) act, 1961 were also a central act1 of 1956424 (1) notwithstanding anything contained in section 422, the board of companylaw administration constituted under the companies act, 1956 (hereinafter in this section referred to as the company law board) shall stand dissolved on the constitution of the tribunal and the appellate tribunaldissolution of company law board andconsequential provision(2) the persons holding the offices of chairman, vice- chairman and members, and officers and other employees of the company law board immediately before the constitution of the tribunal and the appellate tribunal shall vacate their respective offices on such constitution and no such chairman, vice-chairman and members and officers or other employees shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service, if any:provided that every officer or other employee, who had been appointed on deputation basis to the company law board, shall, on such dissolution, stand reverted to his parent cadre, ministry or department, as the case may be:provided further that every officer and other employee of the company law board,employed on regular basis by that board, shall become, on and from such dissolution the officer and other employee, respectively, of the central government with the same rights and privileges as to pension, gratuity and other like benefits as would have been admissible to him if he had continued to serve that board 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 disputesact, 1947 or in any other law for the time being in force, any officer or other employee who becomes an officer or other employee of the central government under the preceding proviso shall not be entitled to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority:provided also that where the company law board has established a provident fund,superannuation fund, welfare fund or other fund for the benefit of the officers and other employees employed in that board, the monies relatable to the officers and other employees who have become officers or employees of the central government shall, out of the moniesstanding to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and vest in, the central government and such monies which stand so transferred shall be dealt with by that government in such manner as may be prescribedpower to remove difficulties425 (1) if any difficulty arises in giving effect to the provisions of this act, thecentral government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of a period of three years from the date of commencement of section 1 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 parliament426 (1) the central government may, by notification, make rules for carrying out the purposes of this actpower of central government to make rules(2) without prejudice to the generality of the provisions of sub-section (1), thecentral government may make rules for all or any of the matters which by this act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules(3) any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues(4) every rule made by the central government under sub-section (1) shall be laid as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe companies act, 1956 (hereinafter referred to as the act), was enacted with the object to consolidate and amend the law relating to companies and certain other associations simultaneously, companies act, 1913, then in force, was repealed2 many changes have taken place in the national and international economic environment since the enactment of the said act this has made the economy more diverse, complex and dynamic in this milieu, the corporate form of organization is increasingly emerging as the preferred vehicle for economic and commercial activity and has contributed significantly to the growth of the indian economy and the emergence of service, information and knowledge-based enterprises the number of companies has expanded from 30,000 in 1956 to nearly 75 lakh companies functioning as of date companies are now mobilising resources at a scale unimaginable even a decade ago, continuously entering into and bringing new activities into the fold of the indian economy, exporting a wide range of goods and services and providing increasing employment opportunities3 the expansion and growth of the indian economy has also generated considerable interest in the international investing community however, there is a need for sustaining growth in a globalised and competitive environment the increasing options and avenues for international business, trade and capital flows have made it imperative for the growing indian economy to note only to harness its entrepreneurial and economic resources efficiently but also to be competitive in attracting investment to sustain the impressive growth recorded by it in recent years many investors are also looking towards the statutory and regulatory framework for the corporate sector in the country while deciding on their investment options modernisation of corporate regulation, governing various aspects of setting up of enterprises, structures for sharing of risk and reward, their governance and accountability to stakeholders, financial procedures and responsibility for disclosures, procedures for rehabilitation, liquidation and winding up is, therefore, critical to the perceptions of investors and determining their business and investment decisions4 in the background of the above developments and recognising that the competitive and technology driven business environment today require the corporate entities to be provided greater autonomy of operation and innovation with reasonable process requirements and compliance costs, a need was felt to help sustain the growth of the indian corporate sector by enabling a new legal framework that would be compact, amenable to clear interpretation, and respond in a timely and appropriate manner to meet the requirements of ever evolving economic activities and business models, while fostering a positive environment for investment and growth in addition, there is also a need to avoid overlapping and conflicts of jurisdiction in the area of sectoral regulations therefore piecemeal re-engineering of the corporate regulatory framework was not considered adequate to enable the systemic changes required hence, a comprehensive review of the companies act, 1956, and introduction of a revised statutory framework in the form of a new companies bill has been considered essential to achieve the desired reform5 in the above backdrop, the review of the companies act, 1956 and drafting of a new companies bill was taken up by the government on the basis of a detailed consultative process a 'concept paper on new company law' was placed on the website of the ministry on 4th august, 2004 the inputs received were put to a detailed examination in the ministry the government also constituted an expert committee on company law under the chairmanship of dr jj irani on 2nd december, 2004 to make recommendations in respect of new company law the committee included representatives from concerned departments and ministries, professional institutes and trade bodies and individual experts as members or special invitees the committee deliberated extensively on various issues and submitted its report to the government on 31st may, 2005 after considering the report of the committee and other inputs received from time-to-time, the government took up the exercise of comprehensive review of the companies act, 1956 broadly the objective of the review was to—(i) retain desirable features of the existing framework, segregate substantive law from the procedures to enable a clear framework for good corporate governance that addresses the concerns of all stakeholders equitably;(ii) revise the law so as to enable a compact statute that is amenable to easy understanding and interpretation;(iii) enable greater flexibility in procedural aspects so that with the change of time the procedural framework, to be prescribed through rules, may be amended without amendment of the substantive enactment;(iv) establish a climate that encourages setting up of businesses and their growth while enabling measures to protect the interests of stakeholders and investors, including small investors, through legal basis for sound corporate governance practices and effective enforcement;(v) provide a framework for responsible self-regulation through determination of corporate matters through decisions by shareholders, in the background of clear accountability for such decisions, obviating the need for a regime based on government approvals;(vi) address the practical concerns of small businesses so that people may deal with and invest in companies with confidence, promote international competitiveness of indian businesses and provide them with the flexibility to meet the challenges of the global economy;(vii) incorporate international practices based on the models suggested by the united nations commission on international trade law (uncitral); and(viii) provide for a reasonable and appropriate framework for enforcement of the law that enables proper investigation and imposition of appropriate sanctions comprising of penalties for non-compliance and punishment for violation of the law and for fraudulent conduct, keeping in view the experience resulting from past stock market scams and concerns expressed by joint parliamentary committees thereon 6 in the light of the above objective the present bill, inter alia, provides for:—(i) the basic principles for all aspects of internal governance of corporate entities and a framework for their regulation, irrespective of their area of operation, from incorporation to liquidation and winding up, in a single, comprehensive, legal framework to be administered by the central government in doing so, the bill also seeks to harmonise the company law framework with the sectoral regulation;reduction of government control over internal corporate processes;(ii) articulation of shareholders democracy with protection of the rights of minority stakeholders, responsible self-regulation with adequate disclosures and accountability reduction of government control over internal corporate processes;(iii) easy transition of companies operating under the companies act, 1956, to the new framework as also from one type of company to another freedom with regard to the numbers and layers of subsidiary companies that a company may have, subject to disclosures in respect of their relationship and transactions or dealings between them;(iv) a new entity in the form of one-person company (opc) while empowering government to provide a simpler compliance regime for small companies retention of the concept of producer companies, while providing a more stringent regime for companies with charitable objects to check misuse;(v) application of the successful e-governance initiative of the ministry of corporate affairs (mca-21) to all the processes involved in meeting compliance obligations company processes may also be carried out through electronic mode;(vi) speedy incorporation process, with detailed declarations and disclosures about the promoters, directors, etc, at the time of incorporation itself every company director would be required to acquire a unique director identification number;(vii) relaxation of restrictions limiting the number of partners in entities such as partnership firms, banking companies, etc, to a maximum 100, with no ceiling as to professional associations regulated by special acts;(viii) duties and liabilities of the directors and every company to have at least one director resident in india the bill also provides for independent directors to be appointed on the boards of such companies as may be prescribed, along with attributes determining independence the requirement to appoint independent directors, where applicable, to listed public companies is a minimum of one-third of the total number of directors for other public companies, the requirement and number may be prescribed through rules;(ix) statutory recognition to audit, remuneration and stakeholders relationship committees of the board and the chief executive officer (ceo), the chief financial officer (cfo) and the company secretary to be as key managerial personnel (kmp);(x) companies not to be allowed to raise deposits from the public except on the basis of permission available to them through other special acts the bill prohibits insider trading by company directors or key managerial personnel and declares it as an offence with criminal liability;(xi) recognition of both accounting and auditing standards the role, rights and duties of the auditors defined so as to maintain integrity and independence of the audit process consolidation of financial statements of subsidiaries with those of holding companies is proposed to be made mandatory;(xii) a single forum for approval of mergers and acquisitions along with a shorter merger process for holding and wholly owned subsidiary companies or between two or more small companies as well as recognition of cross border merges concept of deemed approval also provided in certain situations;(xiii) a framework for enabling fair valuations in companies for various purposesappointment of valuers is proposed to be made by audit committee or in its absence by the board of directors;(xiv) claim of an investor over a dividend or a benefit from a security not claimed for more than a period of seven years not to be extinguished, and investor education and protection fund (iepf) to be administered by a statutory authority;(xv) shareholders associations or group of shareholders to be enabled to take legal action in case of any fraudulent action on the part of company and to take part in investor protection activities and 'class action suits';(xvi) a revised framework for regulation of insolvency, including rehabilitation, liquidation and winding up of companies and the process to be completed in a time bound manner;(xvii) consolidation of fora for dealing with rehabilitation of companies, their liquidation and winding up in the single forum of national company law tribunal with appeal to national company law appellate tribunal with suitable transitional provisions the nature of the rehabilitation and revival fund proposed in the companies (second amendment) act, 2002 to be replaced by rehabilitation and insolvency fund with voluntary contributions linked to entitlements to draw money in a situation of insolvency;(xviii) a more effective regime for inspections and investigations of companies while laying down the maximum as well as minimum quantum of penalty for each offence with suitable deterrence for repeated defaults company is identified as a separate entity for imposition of monetary penalties from the officers in default in case of fraudulent activities, provisions for recovery and disgorgement have been included;(xix) levy of additional fee in a non-discretionary manner for procedural noncompliance, such as late filing of statutory documents, to be enabled through rules defaults of procedural nature to be penalised by levy of monetary penalties by the adjudicating officers not below the level of registrars the appeals against orders of adjudicating officers to lie with suitably designated higher authorities;(xx) special courts to deal with offences under the bill company matters such as mergers and amalgamations, reduction of capital, insolvency including rehabilitation, liquidations and winding up are proposed to be dealt with by the national company law tribunal 7 in view of the extensive changes made in the companies act, 1956, it has been considered necessary to repeal the said act and enact the companies bill, 20088 the notes on clauses explain, in detail, provisions of the bill9 the bill seeks to achieve the above objectivesnew delhi;the 13th october, 2008prem chand gupta notes on clausesclause 1 - it has been made flexible to enforce various sections on different dates and different states sub-clause (4) makes position clear as to application of this actclause 2 - this clause corresponds to section 2 of the companies act, 1956 and defines various expressions used in the billclause 3 - this clause corresponds to section 12 of the companies act, 1956 and seeks to provide minimum number of persons to form a public, private or one person company for any lawful purpose, by subscribing their names to the memorandum memorandum of one person company shall indicate the name of a person who shall become member, in the event of death, disability or otherwise of the single member the companies formed under this clause may be limited by shares or limited by guarantee or an unlimited companyclause 4 - this clause corresponds to section 25 of the companies act, 1956 and empowers the central government to register an association as limited company having charitable objects to promote commerce, art, science, sports, education, research, social welfare, religion, charity, etc without adding to its name the words 'limited', 'private limited' or 'opc limited' the profit or any income of the company shall be used for promoting the objects of the company payment of dividend to members is prohibited the central government shall issue license on such terms and conditions as shall be prescribed by it for registration of such companies and these companies shall be subject to certain exemptions and restrictions the conditions imposed, the central government may revoke the license and order the company to be wound up or amalgamated with another company having similar objects a firm may be allowed to become a member of such companyclause 5 —this clause corresponds to sections 13, 14 and 20 of the companies act,1956 and seeks to provide for the requirements with respect to memorandum of a company the memorandum shall mention the name of a company, state in which the registered office of the company is to be situated, objects for which the company is proposed to be incorporated, liability of members, etcclause 6— this clause corresponds to sections 26, 27, 28 and 29 of the companies act, 1956 and seeks to provide the contents and model of articles of association the articles may contain an entrenchment provision alsoclause 7— this clause corresponds to section 33 of the companies act, 1956 and seeks to provide for the procedure to be followed for incorporation of a company memorandum and articles of association duly signed, a declaration in a prescribed form to the effect that the requirements of the act in respect of registration have been complied with, affidavit from the subscribers to the memorandum and from the first directors, to the effect, that they are not convicted and have not been found guilty of any fraud or misfeasance, etc under this act during the last five years, complete details of name, address of the company, particulars of every subscriber and the persons named as first directors shall be given to the registrar thereafter, the registrar of companies shall register the company and issue a certificate of incorporation and allot a corporate identity number the persons furnishing false information in this connection shall be liable for punishment and the company which is registered shall be liable for winding up on the order of tribunalclause 8 - this clause corresponds to section 34 of the companies act, 1956 and seeks to provide for the effect of registration of a company the clause provides that from the date of incorporation, the subscribers become the members of the company the company shall be a body corporate with a name, capable of exercising all the functions of an incorporated company under this act and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property, to contract, to sue and be sued, by the said nameclause 9 - this clause corresponds to section 36 of the companies act, 1956 and seeks to provide for the effect of memorandum and articles whereby the memorandum and articles shall be binding on the company and the members to the extent as if they respectively had been signed by the company and by each member all moneys payable by members to the company shall be debt due from him to the companyclause 10 - this clause corresponds to section 149 of the companies act, 1956 and seeks to provide that the company having a share capital shall not commence business or exercise any borrowing powers unless a declaration is filed with registrar by a director or subscriber that every subscriber to the memorandum has paid the value of shares taken by him, and the company has filed with the registrar the verification of its registered office the registrar of companies may remove the name of the company if registrar has reasonable cause to believe that the company is not carrying on business or operations and is not filing declaration within 180 days of the date of incorporationclause 11 - this clause corresponds to sections 146 and 147 of the companies act,1956 and seeks to provide that from the date of incorporation and at all times thereafter, a company shall have a registered office capable of receiving and acknowledging all communications and notices addressed to it in case of any change of the registered office, the company has to give notice to the registrar of companies within a stipulated time any change of registered office outside the local limits of any city, town or village shall be done only with the approval of members through special resolutionclause 12 - this clause corresponds to section 16 of the companies act, 1956 and seeks to provide that a company may alter the provisions of its memorandum with approval of the members through special resolution no alteration shall have any effect unless it is registered with the registrar where there is change in the name of a company, the registrar shall issue a fresh certificate of incorporation any alteration of the memorandum relating to the place of registered office from one state to another shall be effective only with the approval of the central government on an application filed to it a copy of the order to this effect has to be filed with the registrarclause 13 - this clause corresponds to section 31 of the companies act, 1956 and seeks to provide for alteration of articles a company may alter its articles including alterations having effect of conversion of a private company or a one person company into a public company or a one person company or a public company into private company with the approval of members through special resolution and approved by the tribunal a copy of order of tribunal shall be filed with the registrar together with a printed copy of the altered articlesclause 14 - this clause corresponds to section 40 of the companies act, 1956 and seeks to provide that every alteration made in the memorandum or articles of a company shall be noted in every copy of the memorandum and articles of associationclause 15 - this clause corresponds to section 22 of the companies act, 1956 and seeks to empower the central government to give direction to the company to rectify its name if the name registered is identical with or too nearly resembles the name, by which a company in existence has been previously registered, or the name is identical with or too nearly resembling to a registered trade markclause 16 - this clause corresponds to section 39 of the companies act, 1956 and seeks to provide that every company shall on being so requested by a member, send copies of memorandum, and articles of association, agreement or resolution on payment of feesclause 17 - this clause corresponds to section 32 of the companies act, 1956 and seeks to provide that a company may re-register itself in same or any other class of companies by altering its memorandum and articles of association the re-registration shall not affect any debts, liabilities, obligations or contracts incurred or entered into by the companyclause 18 - this clause corresponds to section 42 of the companies act, 1956 and seeks to provide that subsidiary company shall not hold shares in its holding company and no holding company shall allot or transfer its shares to any of its subsidiary companies and any such allotment or transfer of shares of a company to its subsidiary company shall be voidclause 19 - this clause corresponds to section 51, 52 and 53 of the companies act,1956 and seeks to provide for the mode in which documents may be served on the company, on the members and also on the registrarsclause 20 - this clause corresponds to section 54 of the companies act, 1956 and seeks to provide for authentication of documents, proceedings and contracts, etcclause 21 - this clause corresponds to section 47 of the companies act, 1956 and seeks to provide for execution of bills of exchange, hundi, promissory notes and other deeds a company may, by writing under its common seal, authorise any person as its attorney to execute deeds on company's behalf deed signed by such an attorney on behalf of the company and under his seal shall bind the company and have same effect as if it were made under its common sealclause 22 - this clause corresponds to section 55a of the companies act, 1956 and seeks to provide that the powers relating to issue, transfer and trading of securities and nonpayment of dividend by listed companies or those companies which intend to get their securities listed on any stock exchange in india, be administered by the securities and exchange board of indiaclause 23 - this clause corresponds to section 56 and schedule ii of the companies act, 1956 and seeks to provide for the matters to be stated and information to be given in the prospectus prospectus shall not be issued before the date of its publication no statement of an expert shall be included in the prospectus unless he is engaged or interested in formation of a company and has given his written consent to the issue of prospectus before the delivery of a copy of the prospectus to the registrar for registration registrar shall register the prospectus only after the registration requirements are complied with prospectus is to be issued within ninety days from the date of delivery of prospectus to the registrar in case, a prospectus is issued by a company in contravention of the provision of this section, the company shall be punishable with fineclause 24 - this clause corresponds to section 67 of the companies act, 1956 and seeks to provide that a company may make an offer or invitation to the public to subscribe for securities a statement indicating the salient features of the offer or invitation has to be filed with the registrar of companies for registrationclause 25 - this clause corresponds to section 66 of the companies act, 1956 and seeks to provide that where an advertisement of any prospectus of a company is published, it shall specify therein the contents of memorandum as regards to the objects, the liability of members and the amount of share capital, the names of the signatories and the number of shares subscribed by them and also its capital structure, etcclause 26 - this clause corresponds to section 60a of the companies act, 1956 and seeks to provide that any class or classes of companies prescribed by the securities and exchange board of india may file a shelf prospectus with the registrar of companies at the stage of the first offer of securities for a period of one year no further issue of prospectus is required in respect of a second or subsequent offer of securities included in such prospectus for a period of one year company shall also file information memorandum on new charges created, of any change in financial position with the registrar of companies prior to the issue of a second or subsequent offer under shelf prospectusclause 27 - this clause corresponds to section 60b of the companies act, 1956 and seeks to provide for issue of redherring prospectus prior to issue of a prospectus a company proposing to issue a red herring prospectus shall file it with registrar at least three days prior to the opening of the subscription list and the offerclause 28 - this clause corresponds to sub-section (3) of section 56 of the companies act, 1956 and seeks to provide that every form of application issued for purchase of any securities of a company shall be accompanied by an abridged prospectusclause 29 - this clause corresponds to section 63 of the companies act, 1956 and provides for criminal liability for misstatements in prospectus the person who authorises the issue of such prospectus shall be punishable with fine and imprisonmentclause 30 - this clause corresponds to section 62 of the companies act, 1956 and seeks to provide that in case any person subscribes for securities on the basis of misleading statements or inclusion or omission of any matter in the prospectus resulting in any loss or damage, the person who has authorised the issue of such prospectus or a director, promoter, whosoever is liable, shall have to compensate every person who has sustained such loss or damageclause 31 - this clause corresponds to section 68 of companies act, 1956 and seeks to provide that such persons who fraudulently induces persons to invest money by making statement which is false, deceptive, misleading or deliberately conceals any facts, shall be punishable with imprisonment and with fineclause 32 - this is a new clause which seeks to provide that a suit may be filed or any other action may be taken by any person, group of persons or any association of persons who have been affected by any misleading statement or the inclusion or omission of any matter in the prospectusclause 33 - this clause corresponds to section 68a of the companies act, 1956 and seeks to provide that those persons who applies in fictitious name or makes multiple applications or otherwise induce companies to allot shares in fictitious name, shall be punishable with imprisonment and with fine the clause further provides that court may order disgorgement of any gains and seizure and disposal of such securitiesclause 34 - this clause corresponds to section 69 of the companies act, 1956prohibiting allotment of securities where the minimum amount has not been subscribed, the amount is to be refunded to all the applicants within a given time frameclause 35 - this clause corresponds to section 73 of the companies act, 1956 and seeks to provide that prospectus has to mention the name of the stock exchange where the securities are to be dealt with any allotment without permission of the stock exchange shall be void all moneys received on application from the public for subscription to the securities shall be kept in a separate bank account after allotment of shares, a return shall be filed with the registrar in case of default, the company and every officer of the company who is in default shall be punishable with fine or with imprisonment or with both a company may pay commission to any person in connection with the subscription to its securitiesclause 36 - this is a new clause which provides that a company may issue depository receipts to be dealt with in a depository mode in any foreign countryclause 37 - this clause corresponds to section 85 and seeks to provide that there shall be two kinds of share capital namely equity share capital and preference share capital preferential share capital carries a preferential right with respect to payment of dividend and also for repayment of capital at the time of winding upclause 38 - this clause corresponds to section 82 of the companies act, 1956 and seeks to provide that the shares and debentures are movable property transferable in a manner provided in the articles of a companyclause 39 - this clause corresponds to section 83 of the companies act, 1956 and seeks to provide that every share in a company having a share capital shall be distinguished by appropriate number this clause does not apply to shares held in by the depositoryclause 40 - this clause corresponds to section 84 of the companies act, 1956 and seeks to provide that a certificate issued by a company shall be prima facie evidence of the title of the person to such shares it provides the manner for issuance of duplicate share certificate and the particulars to be entered in the register of membersclause 41 - this clause corresponds to section 87 of the companies act, 1956 and seeks to provide that every member who is a holder of equity share shall have the right to vote on every resolution placed before the company his voting right on a poll shall be in proportion to his share in the paid up equity share capital of the company every member of a company who is holding preference shares shall have a right to vote only on such resolutions which directly affect the rights attached to his preference sharesclause 42 - this clause corresponds to section 106 and 107 of the companies act,1956 and seeks to provide that where share capital is divided into different classes of shares, the rights attached to any class of shares may be varied with the written consent of the holders of not less than three-fourths of the issued shares or by special resolution where the holders of ten per cent of the issued share capital did not consent to such variation, they may apply to tribunalclause 43 - this clause corresponds to section 91 of the companies act, 1956 and seeks to provide that where any calls for further share capital are made on the shares of a class, such call shall be made on uniform basis on all shares falling under that classclause 44 - this clause corresponds to section 92 of the companies act, 1956 and seeks to provide that a company can accept from any member the whole or a part of the amount remaining unpaid on any shares without being called up and he will not be entitled to any voting rights on the amount paid by him unless amount has been called upclause 45 - this clause corresponds to section 93 of the companies act, 1956 and seeks to provide that a company, if authorised by its articles, pay dividends in proportion to the amount paid up on each shareclause 46 - this clause corresponds to section 78 of the companies act, 1956 and seeks to provide that a company shall transfer the amount received by it as share premium to share premium account and state the means in which the amount in the account can be applied provisions on reduction of share capital shall apply to share premium account clause 47 - this clause corresponds to section 79 of the companies act, 1956 and seeks to provide that generally companies are prohibited from issuing shares at a discount except in the case of issue of sweat equity sharesclause 48 - this clause corresponds to section 79a of the companies act, 1956 and seeks to provide that on fulfilling certain conditions, a company may issue sweat equity shares of a class of shares already issued the rights, limitations, restrictions and provisions applicable to equity shares shall be applicable to sweat equity shares and holders of such shares rank pari passu with other equity shareholdersclause 49 - this clause corresponds to section 80 and 80a of the companies act,1956 and seeks to provide that no company limited by shares shall issue irredeemable preference shares a company may issue preference shares for a period not exceeding twenty years however, for infrastructural project preference shares can be issued for more than twenty yearsclause 50 - this clause corresponds to section 108, 109b and 110 of the companies act, 1956 and seeks to provide that transfer of securities/interest of a member not to be registered except on production of instrument of transfer duly stamped, dated and executed in case of loss of the instrument, the company may register the transfer in terms of indemnity where an application relates to partly paid up shares, the transfer shall not be registered unless a notice is issued to the transferee in case of refusal of transfer of shares, transferee may appeal to the tribunalclause 51 - this clause corresponds to section 116 of the companies act, 1956 and seeks to provide penalty for a person who deceitfully personates the owner of any share or interestclause 52 - this clause corresponds to sub-section's (1) and (2) of section 111 of the companies act, 1956 and seeks to provide for that if a company without sufficient cause refuses to register the transfer of shares, appeal against such refusal shall lie to the national company law tribunalclause 53 - this clause corresponds to section 111a of the companies act, 1956and seeks to provide that if the name of any person has been entered in or has been omitted from the register of members without sufficient cause, the member or the person aggrieved may appeal to the tribunal or to a competent court outside india in respect of foreign members or debenture holders the tribunal may either dismiss the appeal or direct for rectification of register, transfer or transmission the tribunal may also direct to pay damages to the aggrieved partyclause 54 - this clause corresponds to section 148 of the companies act, 1956 and seeks to provide that where any notice, advertisement or other official publication, or any business letter, etc, of a company contains a statement of the amount of the authorised capital of the company, such notice, advertisement or other official publication, or such letters billhead or letter paper shall also state the subscribed and paid up capitalclause 55 - this clause corresponds to section 94 of the companies act, 1956 and seeks to provide that a limited company having a share capital may alter its capital clause of memorandum in its general meetingclause 56 - this clause corresponds to section 81 of the companies act, 1956 and seeks to provide that a company having a share capital can increase its subscribed capital by the issue of further shares to its existing members, to employees through employee's stock option or to the general public, after having the shares valued by registered valuers this does not include conversion of debentures or loans into shares of the companyclause 57 - this clause corresponds to sections 95 and 97 of the companies act,1956 and seeks to provide for the companies to give notice to registrar of alteration or increase of share capital along with an altered memorandumclause 58 - this clause corresponds to section 32 of the companies act, 1956 and seeks to provide that an unlimited company having a share capital may be reregistered as a limited company by increasing the nominal amount of each share this clause further provides that the company can not call unpaid portion of share capital except in the event of winding upclause 59 - this clause corresponds to sections 100 to 105 of the companies act,1956 and seeks to provide that on the confirmation by the tribunal a limited company may reduce its share capital and alter its memorandum accordingly this clause further provides that the tribunal shall give notice to the central government and to the sebi and consider the representations received in this behalf the company shall deliver a certified copy of the order of the tribunal to the registrar who shall issue a certificate to this effect to the company the clause does not apply to buy back of its own securitiesclause 60 - this clause corresponds to section 77 of the companies act, 1956 and seeks to provide the restrictions on purchase by companies or giving loans to others for purchase of its own shares this clause further provides that the company's right to redeem any preference shares issued by it is not affected by such restrictionclause 61 - this clause corresponds to section 77a of the companies act, 1956 and seeks to provide that a company may purchase its own shares out of its free reserves, the securities premium account or from the proceeds of the issue of any shares or other specified securities the clause provides for the conditions to be fulfilled for buy-back of securitiesevery buy-back should be completed within one year from the date of passing of the special resolution a declaration of solvency has to be filed by the company to the registrar and sebi before the buy-back is proposed after completion of buy-back a return has to be filed with roc and securities and exchange board of india after buying back, the company shall physically destroy all the sharesclause 62 - this clause corresponds to section 77aa of the companies act, 1956and seeks to provide that in case of buy-back of shares out of free reserves, a sum equal to the nominal value of the shares so purchased shall be transferred to capital redemption reserve accountclause 63 - this clause corresponds to section 77b of the companies act, 1956 and seeks to prohibit buy-back through any subsidiary company, through any investment company or through such company which has defaulted in making repayment of deposits, interest thereon, redemption of debentures, payment of dividend, etcclause 64 - this clause corresponds to sections 117, 117a, 117b and 117c of the companies act, 1956 and seeks to provide that a company may issue debentures with an option to convert into shares at the time of redemption but cannot issue debentures with voting rights on issue of debentures, the company shall create a debenture redemption reserve account the company shall not issue prospectus to more than five hundred persons without appointing a debenture trustee the duty of the debenture trustee is to protect the interest of the debenture holders and redress their grievances this clause further provides that in the event of the failure of the company in making repayment of maturity value of debentures or to pay interest, the tribunal may, on an application, pass such order to make the payment to the matured debenture holders and interest due thereonclause 65 - this clause corresponds to section 109a of the companies act, 1956and seeks to provide that every share holder or debenture holder may appoint a nominee or a joint nominee who shall be the owner of the instrument in the event of death of the holder or the joint holder unless the nomination is varied or cancelledclause 66 - this clause corresponds to section 58a of the companies act, 1956 and seeks to provide that no company shall invite, accept or renew deposits from public it can do so only from members of the company subject to fulfillment of certain conditions in case of failure to repay the deposit or interest thereon the tribunal may order for repayment or pay for any loss or damage incurred by himclause 67 - this is a new clause which seeks to provide that the deposit accepted before this act comes into force by the company or any interest due thereon shall be repaid within one year extension of time for repayment may be granted by the tribunal on an applicationclause 68 - this new clause seeks to provide that in case the company fails to pay the deposit or any interest thereon and it is proved that the deposits had been accepted with intent to defraud the depositors, every officer who was responsible for acceptance of deposits shall be personally responsible, without any limitation of liability for all losses or damages incurred by the depositorsclause 69 - this clause correspond to section 125 of the companies act, 1956 and seeks to provide that a company creating a charge within or outside india, shall, register the said charge with the registrar within thirty days the registrar after registering the charge, shall issue a certificate of registration the liquidator or any other creditor shall not take into account any charge created unless registered with the registrarclause 70 - this new clause seeks to provide that where a company fails to register the charge, the person in whose favour the charge is created may apply to the registrar for registration of chargesclause 71 - this clause corresponds to section 127 and 135 of the companies act,1956 and seeks to provide that the requirement of registering the charge created by a company shall also apply to a company acquiring any property subject to charge or any modification in terms and conditions of any charge already registeredclause 72 - this clause corresponds to section 126 of the companies act, 1956 and seeks to provide that any person acquiring a property, assets undertaking for which a charge is already registered, it would be deemed that he has complete knowledge of charge from the date the charge is registeredclause 73 - this clause corresponds to section 130 of the companies act, 1956 and seeks to provide that the registrar shall, in respect of every company, keep a register containing particular of charges so registered the register shall be open for inspection on payment of feeclause 74 - this clause corresponds to section 138 of the companies act, 1956 and seeks to provide that a company shall intimate to registrar about the payment or satisfaction in full of any charge so registered the registrar shall issue notice to holder of the charge calling a show cause why payment or satisfaction should not be recorded and in case of no reply, the memorandum of satisfaction shall be entered in the register of chargesclause 75 - this clause corresponds to section 137 of the companies act, 1956 and seeks to provide that if a person obtains an order for the appointment of a receiver or a person to manage the property subject to charge, he shall give notice to the company and the registrar about such an order the person appointed as receiver shall also give notice to the company and the registrar on his ceasing to hold such appointmentclause 76 - this clause corresponds to section 143 of the companies act, 1956 and seeks to provide that every company shall keep a register of charges at its registered office and this register shall be open for inspection during business hours by members without fee and by any other person with feeclause 77 - this clause corresponds to section 142 of the companies act, 1956 and seeks to provide for the penal provisions for contravening any of the provisions of the chapter or where the charge on company's property is not registered within 180 days of its creationclause 78 - this clause corresponds to sections 150, 151 and 152 of the companies act, 1956 and seeks to provide that every company shall keep and maintain the register of members, register of debenture holders and register of any other security holders this clause further provides that every register shall include an index of the name a company, if authorized by its articles, may keep a foreign register outside india this clause also provides that a company shall file with the registrar, the particulars and situation of place where the register is to be kept and any changes in the situation of such placeclause 79 - this clause corresponds to section 187c of the companies act, 1956and seeks to provide that a declaration is to be given to the company by any person who is a member but not holding the beneficial interest in such shares further, the person holding beneficial interest shall declare the nature of his interest and other particulars on those shares to the company any changes in the beneficial interest is also to be declared this clause also provides that the company shall make a note of all the declaration made to it and file a return with registrarclause 80 - this clause corresponds to section 187d of the companies act, 1956and seeks to provide that the central government may appoint one or more competent persons to investigate and report as to the beneficial ownershipclause 81 - this clause corresponds to section 154 of the companies act, 1956 and seeks to provide that a company may close the register of members, debenture holders and other security holders for rectification by giving minimum seven days noticeclause 82 - this clause corresponds to section 159 of the companies act, 1956 and seeks to provide that every company shall prepare an annual return containing certain particulars such as registered office, principal business activities, particulars of holding, subsidiary and associate companies, its shares, debentures and other securities, members, promoters, etc the annual return shall be signed both by a director and a company secretary where there is no company secretary or in case of listed companies, the return shall be signed by the company secretary in whole-time practice and file the same with the registrar company secretary in practice shall also be punished if he certifies otherwise than in conformity of this section or rulesclause 83 - this clause corresponds to section 163 of the companies act, 1956 and seeks to provide that register of members, and copies of annual returns, debenture holders and any other security holders shall be kept at the registered office and can also be kept at any place other than registered office where more than one-tenth of total members reside, if approved by special resolution this clause further provides that the registers and the indices shall be open to inspection and any member can take extracts during any business hours without payment of any fee and other persons can also get with payment of fee the central government may by order direct inspection of documents and to have an extractor copy of such registers by any personclause 84 - this clause corresponds to section 164 of the companies act, 1956 and seeks to provide that the register indices and copies of annual returns shall be prima facie evidence of any matterclause 85 - this clause corresponds to section 166 of the companies act, 1956 and seeks to provide for that every company other than one person company in addition to any other meeting shall hold a general meeting as its annual general meeting there should not be a gap of more than fifteen months between two annual general meetings this clause further provides that first annual general meeting shall be held within a period of nine months from the closing of first financial year and within a period of six months in all other cases this clause also provides that annual general meeting shall be called on any day which is not a national holiday and may be held either at registered office of a company or at some other place where the registered office of the company is situated the central government may exempt any company from this complianceclause 86 - this clause corresponds to section 167 of the companies act, 1956 and seeks to provide that in case of any default in holding annual general meeting of a company, the tribunal on the application of any member of the company, call or direct the calling of an annual general meeting the tribunal may also direct that one member of the company present in person or by proxy shall be deemed to constitute a meetingclause 87 - this clause corresponds to section 186 of the companies act, 1956 and seeks to provide that if for any reason, it is impracticable to call a meeting of a company other than an annual general meeting the tribunal shall have the power to order for calling the meeting either suo motu or on the application of any director of the company or of any member of a companyclause 88 - this clause corresponds to section 168 of the companies act, 1956 and seeks to provide that if any default is made in holding a meeting of the company or in complying with any directions of the central government, or tribunal, the company and every officer of the company shall be punishable with fineclause 89 - this clause corresponds to section 169 of the companies act, 1956 and seeks to provide that the board may call an extraordinary general meeting on its own or on a request from such number of members holding not less than one-tenth of paid up capital of the company in case of company not having a share capital, such number of members having not less than one-tenth of the total voting power of all the members call an extraordinary general meeting in case the board does not call the meeting within twenty-one days requisitionists may call the meeting this clause further provides that any reasonable expenses incurred by the requisitionists shall be reimbursedclause 90 - this clause corresponds to sections 171 and 172 of the companies act,1956 and seeks to provide that general meeting may be called by giving at least 21 days' notice to all members, legal representative of any deceased member or the assignees of the insolvent members, the auditors and directors in writing or through electronic mode a shorter notice may also be given with the consent of ninety-five per cent of the members entitled to voteclause 91 - this clause corresponds to section 173 of the companies act, 1956 and seeks to provide that a statement setting out all the material facts concerning each item of special business to be transacted at a general meeting, shall be annexed to the notice calling such meeting this clause further provides for all the businesses that shall be deemed to be special in case of non-disclosure or insufficient disclosure in any statement made by director, manager or other key managerial personnel which results into any benefit for themselves or their relatives, shall have to be compensatedclause 92 - this clause corresponds to section 174 of the companies act, 1956 and seeks to provide that unless the articles of the company provide for a larger number, five members personally present in case of a public company and two members personally present in case of a private company shall be the quorum for a meeting this clause further provides that if the quorum is not present within half-an-hour, the meeting shall stand adjourned for the next week at the same time and place or such other time and place as decided by the board however, the meeting called by requisitionist shall stand cancelled in the absence of quorum in case of adjournment or of change of day, time and place of meeting, the company shall give not less than three days' notice to the members where quorum is not present in the adjourned meeting also, the members present shall be the quorumclause 93 - this clause corresponds to section 175 of the companies act, 1956 and seeks to provide that members shall elect one among themselves to be the chairman by show of hands the clause further provides that if a poll is demanded on the election of the chairman, the chairman elected by show of hands shall continue to be the chairman of the meeting until some other person is elected as chairman as a result of pollclause 94 - this clause corresponds to section 176 of the companies act, 1956 and seeks to provide that a member who is entitled to attend and vote can appoint another person as a proxy to attend and vote at the meeting on his behalf, in writing or by electronic mode however, proxy shall not have the right to speak at a meeting and shall not be entitled to vote except on pollclause 95 - this clause corresponds to section 181 of the companies act, 1956 and seeks to provide that no member shall exercise any voting right in respect of any shares registered in his name on which any calls or other sums presently payable by him have not been paid or on which company has exercised any right or lien no member can be prohibited from exercising his voting right on any other groundclause 96 - this clause corresponds to section 177 of the companies act, 1956 and seeks to provide that at general meeting, a resolution put to vote shall, unless a poll is demanded or the voting is carried out electronically, be decided on a show of hands a declaration by the chairman and an entry in the minutes book is conclusive evidence that resolution is passedclause 97 - this is a new clause and it provides that a member may exercise his vote at a meeting by electronic meansclause 98 - this clause corresponds to section 179 of the companies act, 1956 and seeks to provide that before or on declaration of result of the voting on any resolution by a show of hands, the chairman of the meeting on his own or on demand made by members order for a poll this clause further provides that the demand for poll may be withdrawn by the persons who made the demand the chairman of the meeting shall appoint scrutiniser for observing the poll process and votes given on poll and to report thereon the result of the poll shall be deemed to be the decision of the meeting on the resolution the chairman shall regulate the manner in which poll shall be takenclause 99 - this clause corresponds to section 192a of the companies act, 1956and seeks to provide that the central government may declare items of business that can be transacted only by postal ballot and also in respect of any item of business other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting may also be transacted through postal ballotclause 100 - this clause corresponds to section 188 of the companies act, 1956 and seeks to provide that a company shall, on requisition in writing of such number of members, give notice or circulate statement on proposed resolution to members intended to be moved in the meeting the statement need not be circulated if the central government declare that the right conferred is being abused to secure needless publicity for defamatory matters the central government may also direct the requisitionists to pay the cost incurred to the companyclause 101 - this clause corresponds to section 187a of the companies act, 1956and seeks to provide that president of india or the governor of a state, if he is a member of a company, may appoint such person as he thinks fit, to act as his representative at any meeting and to vote by proxy and postal ballot as member of the companyclause 102 - this clause corresponds to section 187 of the companies act, 1956 and seeks to provide that where a body corporate is a member or a creditor of the company and it authorise any person as its representative at any meeting of the company or any class of members of the company or at any meeting of creditors of the company, such representative shall be entitled to exercise the same rights and powers including right to vote by proxy and by postal ballot on behalf of the body corporate which he representsclause 103 - this clause corresponds to section 189 of the companies act, 1956 and seeks to provide that a resolution shall be an ordinary resolution if the votes cast in favour of the resolution exceeds the votes, if any, cast against the resolution by the members a resolution shall be special when it is duly specified in the notice, calling the general meeting and votes casted in favour is three times the votes cast against the resolutionclause 104 - this clause corresponds to section 190 of the companies act, 1956and seeks to provide that where a special notice is required of any resolution, notice of the intention to move such resolution is to be given by such numbers of member as may be prescribedclause 105 - this clause corresponds to section 191 of the companies act, 1956and seeks to provide that where a resolution is passed at an adjourned meeting, the resolution shall be treated as passed on the day it was actually passed and not on any earlier dateclause 106 - this clause corresponds to section 192 of the companies act, 1956and seeks to provide that a copy of every resolution and an agreement together with a explanatory statement shall be filed with the registrar within 30 days of its passing the registrar shall register the same and in case of any default, every officer who is in default including the liquidator shall be liable with fineclause 107 - this clause corresponds to sections 193, 194 and 197 of the companies act, 1956 and seeks to provide that every company shall prepare, sign and keep minutes of proceedings of every general meeting, including the meeting called by the requisitionists and all proceedings of meeting of any class of share holders or creditors or board of directors or committee of the board and also resolution passed by postal ballot in case of meeting of board of directors or of a committee of board, the minutes shall contain name of the directors present and also name of dissenting director or a director who has not concurred the resolution the chairman shall exercise his absolute discretion in respect of inclusion or non-inclusion of the matters which is regarded as defamatory of any person, irrelevant or detrimental to company's interest in the minutes minutes kept shall be evidence of the proceedings recorded in a meeting this clause also seeks to provide that every company shall observe secretarial standards with respect to general and board meetingclause 108 - this clause corresponds to section 196 of the companies act, 1956and seeks to provide that the minutes book of general meetings shall be kept at the registered office of a company and shall be open for inspection to members during business hours without any charge a member shall be entitled for a copy of any minutes subject to payment of fees the copy should be made available to him within seven days of his making request where the company refuses inspection or fails to furnish a copy of minutes within specified time, the central government is empowered in the matter and the company and every officer of the company shall be punishable with fineclause 109 - this new clause seeks to provide that every listed company shall prepare a report on each annual general meeting including the confirmation to the effect that the meeting was convened, held and conducted as per the provision of the act and the rules made thereunder a copy of this report shall be filed with the registrarclause 110 - this clause corresponds to section 205 of the companies act, 1956 and seeks to provide that dividend shall be declared by a company for any financial year at a general meeting out of the profits for that year or any previous year or years arrived at after providing for depreciation or out of money provided by the central government or a state government for the payment of dividend however, before the declaration of any dividend certain percentage of profit shall be transferred to the reserves of the company in case of inadequacy of profits or loss or absence of profit in any financial year dividend can be declared and paid out of accumulated profits transferred to reserves by passing board resolution unanimously and special resolution in annual general meeting the clause provides for the manner of providing depreciation the board may declare interim dividend out of profits the amount of dividend shall be deposited in a schedule bank in separate account within five days dividend shall be paid by cheque or warrant or in any electronic mode to the shareholders entitled to the payment of dividend no dividend can be declared in the event of failure to repay the deposits accepted by company capitalization of profits for issuing bonus shares is not prohibitedclause 111 - this clause corresponds to section 205a of the companies act, 1956and seeks to provide that where the dividend is not paid or claimed within thirty days, the company shall, within seven days, transfer the total unpaid or unclaimed amount to a unpaid dividend account to be opened by the company in a scheduled bank in case of any default in transferring the amount, the company shall be liable to pay interest on the amount as has not been transferred the amount remaining unpaid or unclaimed for seven years shall be transferred to investor education and protection fund a statement of such amount is required to be sent to the authority administrating the fundclause 112 - this clause corresponds to section 205c of the companies act, 1956and seeks to provide that the central government shall establish a fund to be called the investor education and protection fund fund shall be utilised for refund of unclaimed dividends, application monies due for refund and interest thereon, the promotion of investors' education, awareness and protection to administer the fund, the central government shall constitute an authority consisting of chairperson, maximum of seven members and administrator accounts would be audited by comptroller and auditor general and the audit report along with duly certified accounts to be forwarded to the central government the authority shall prepare its annual report and the annual report along with audit report to be laid before each house of parliament by the central governmentclause 113 - this clause seeks to provide that all amount lying in the existing fund, ie investor education and protection fund as per section 205c of the companies act, 1956 shall stand credited to the investor education and protection fund established under this sectionclause 114 - this clause corresponds to section 206a of the companies act, 1956and seeks to provide that where any instrument of transfer of shares is not registered, the amount of dividend shall be transferred to the unpaid dividend account and to keep in abeyance the rights to any right shares or bonus sharesclause 115 - this clause corresponds to section 207 of the companies act, 1956 and seeks to provide that where the dividend has been declared but has not been paid or the warrants have not been posted, every director who is knowingly party to the default shall be punishable with imprisonment up to two years with fine and the company shall be liable to pay interest of 18 per cent pa thereonclause 116 - this clause corresponds to section 209 of the companies act, 1956 and seeks to provide that every company shall prepare and keep at its registered office books of accounts and other relevant books and papers which give a true and fair view of the state of the affairs of the company and its branch offices however, if board decides to keep books and other papers at such other place in india, a notice to this effect shall be given to the registrar and relevant paper can also be kept in electronic mode for branch offices of the company in india or outside, it shall be deemed to have complied with the provisions of this section, if summarised returns are sent periodically to the registered office the books of accounts and other books and papers maintained by the company shall be open for inspection by any director a person duly authorised by the board can only inspect books of accounts of subsidiaries companiesthis clause further provides that books of accounts of every company shall be kept for eight years in case, an investigation has been ordered, the central government shall have power to ask the company to keep the books of accounts for a period longer than eight yearsclause 117 - this clause corresponds to section 210 of the companies act, 1956 and seeks to provide that the financial statements shall give a true and fair view of the state of affairs of the company and shall comply with accounting standards the financial statement shall be laid in the annual general meeting of that financial year in case of subsidiary companies, the company shall prepare a consolidated statement of all subsidiaries and lay before the annual general meeting the central government shall have the power to exempt a class or classes of companies from any of the requirement of this sectionclause 118 - this clause corresponds to section 210 a of the companies act, 1956and seeks to provide that the central government may by notification constitute an advisory committee to be called the national advisory committee on accounting and auditing standards to advise the central government on accounting and auditing policies and standards for adoption the clause further provides for the members who shall constitute the advisory committee the members of the advisory committee shall be entitled to fees, travelling, conveyance and other allowances the advisory committee in consultation with icai shall make recommendations to the central government on the matters relating to accounting and auditing policies and standardsclause 119 - this clause corresponds to section 211(3c) of the companies act, 1956and it seeks to provide that the central government may, after consultation with the advisory committee, notify the accounting standard or standards for adoption by companiesclause 120 - this clause corresponds to sections 215, 216 and 217 of the companies act, 1956 and seeks to provide that the financial statement including consolidated financial statements should be approved by the board of directors before they are signed and submitted to auditors for their report the auditor's report is to be attached to every financial statement a report by the board of directors containing details on the matters specified including directors responsibility statement shall be annexed to every financial statement laid before companythe board's report and every annexure has to be duly signed a signed copy of every financial statement shall be circulated, issued or published along with all notes or documents, the auditor's report and board reportclause 121 - this clause corresponds to section 219 of the companies act, 1956 and seeks to provide that a copy of financial statement, auditor's report along with annexures/ attachments shall be sent to every member, every trustee for the debenture holder, and all other persons who are so entitled a specific manner of circulation may be prescribed by the central govt all the members, trustees, etc are allowed to inspect the financial statements and auditor's report etc at the registered office of the company during any business hoursclause 122 - this clause corresponds to section 220 of the companies act, 1956 and seeks to provide that copies of all financial statements and all such documents which are annexed to the financial statement and adopted at the annual general meeting shall be filed with registrar in case a company does not hold an annual general meeting in any year, a statement of facts and reasons has to be filed with the registrar this clause further provides that in case the accounts are not adopted at annual general meeting or in adjourned meeting, the un-adopted accounts shall be filed with the registrar and the registrar shall take them in his records as provisional till the final accounts are filedclause 123 - this clause corresponds to section 224 of the companies act, 1956 and seeks to provide that a company shall appoint an individual or a firm as an auditor at annual general meeting subject to his written consent and shall hold office till conclusion of next annual general meeting a notice of appointment should be filed with the register the comptroller and auditor general of india appoints auditor of government companies failing which central government/state government appoints auditor on the request of the company first auditor is appointed by board within 30 days of incorporation and in case of failure to appoint, the members at a general meeting shall appoint and comptroller and auditor general of india shall appoint auditor of government companies failing which board shall appoint first auditor and in case of failure central government/state government will appoint the clause further provides for the provisions relating to the casual vacancy, resignation, reappointment and removal of auditor the tribunal is empowered to change the auditor in case of any fraud by himclause 124 - this clause corresponds to section 224(1b) and 226 of the companies act, 1956 and seeks to provide for appointment of only chartered accountant in practice as auditors the clause further provides for the persons who are not eligible for appointment as an auditor of a company an auditor who is disqualified subsequent to his appointment, has to vacate officeclause 125 - this clause corresponds to section 224 of the companies act, 1956 and seeks to provide for remuneration of auditors of the company the remuneration is to be fixed in the general meeting the clause further defines the term 'remuneration'clause 126 - this clause corresponds to section 227 of the companies act, 1956 and seeks to provide for the powers and duties of auditors every auditor can access books of accounts, vouchers and seek such information and explanation from the company and enquire such matters as he consider necessary in case of financial statements, auditor of holding company can access records of subsidiaries the auditor has to make a report to the members on that accounts, financial statement or other documents required to be laid in general meeting give a true and fair view of the state of the company's affairs and such other matters as may be prescribed the report shall state reasons for negative and qualified remarks the clause also provides the manner in which audit report of a government company shall be finalised by the comptroller and auditor general this clause also provides to notify the auditing standard by the central governmentclause 127 - this is a new clause and it seeks to provide that an auditor can do such services as approved by the board or audit committee the clause further provides for the services which the auditor cannot performclause 128 - this clause corresponds to section 229 of the companies act, 1956 and seeks to provide that its auditor's report can be signed by the person appointed as an auditor of the company he shall also sign or certify any other document of the companyclause 129 - this clause corresponds to section 231 of the companies act, 1956 and seeks to provide that auditor or his representative, qualified to be an auditor, shall get all the notices of general meetings and shall attend the same and be heard on any part of the business concerning him as the auditorclause 130 - this clause corresponds to sections 232 and 233 of the companies act,1956 and seeks to provide for the penalties for contravention of provisions of the clauses 123 to 129 in case an auditor knowingly or willfully contravenes he shall be punishable with imprisonment or with fine or with both the auditor is also required to refund remuneration received by him to company and for any damages to the company or to any person suffered due to misleading or incorrect statements of particulars made in his reportclause 131 - this clause corresponds to section 233b of the companies act, 1956and seeks to empower central government after consultation with regulatory body to direct certain companies to include in the books of accounts particulars relating to utilisation of material or labour or to such other items of cost the central government may direct the audit of cost records of the company by cost accountant in practice appointed by board and on such remuneration as determined by the members the clause further provides that the qualifications, disqualifications, rights, duties and obligations as apply to auditor shall also be applicable to cost auditor as well the central government may call for further information and explanation if necessary after considering cost audit reportclause 132 - this clause corresponding to some of the provisions of sections 252,253 and 259 of the companies act, 1956 and some new provisions it seeks to provide that every company shall have a board of directors and prescribes the minimum and maximum number of directors the clause also seeks to provide that every company shall have at least one director who would be ordinarily resident in india the clause further provides the conditions for appointment of independent director the clause also seeks to define the terms 'independent director' and 'nominee director' and seeks to provide that an independent director shall not be entitled to any remuneration, other than sitting fee, reimbursement of expenses for participation in board meeting and profit related commission and stock options as approved by the membersclause 133 - this clause corresponds to some of the provisions of sections 254 to256 and 264 of the act and some new provisions and seeks to provide the manner in which the directors including the first directors shall be appointed by a company the clause seeks to provide that other than first directors, the directors shall be appointed in general meetings the clause further provides for the provisions of din and provide that every director would obtain din from the central government before he acts as a director in any company every proposed director shall furnish his din, a declaration that he is not disqualified to become a director and a consent to hold office as director before he is appointed further in case of independent directors, the board shall give a report in the general meeting that every independent directors appointed fulfils the conditions specified for his appointment the clause also provides for the manner in which rotation of directors shall take placeclause 134 - this clause corresponds to section 266a of the companies act, 1956and seeks to provide that every individual intending to be appointed as director shall make an application for allotment of director identification number (din) to the central government along with feeclause 135 - this clause corresponds to section 266b of the companies act, 1956and seeks to provide that the central government shall allot director identification number (din) to the applicant within one month from the receipt of the applicationclause 136 - this clause corresponds to section 266c of the companies act, 1956and seeks to provide that no individual, who has already been allotted a director identification number shall apply, obtain or possess another director identification numberclause 137 - this clause corresponds to section 266d of the companies act, 1956and seeks to provide that every existing director shall, intimate his director identification number within one month of its receipt to the company or all companies wherein he is a directorclause 138 - this clause corresponds to section 266e of the companies act, 1956and seeks to provide that every company shall furnish the director identification numbers of all its directors to the registrar or any other officer or authority as specified by the central governmentclause 139 - this clause corresponds to section 266f of the companies act, 1956and seeks to provide that every person or company, while furnishing any return, information or particulars shall mention the director identification number in such return, information or particularsclause 140 - this clause corresponds to section 266g of the companies act, 1956and seeks to provide that if any individual or director, or a company contravenes any of the provisions, every such individual or director or the company, in default, shall be punishable with fine and where the contravention is a continuing one, with a further fineclause 141 - this clause corresponds to section 257 of the companies act, 1956 and seeks to provide that a person, not being a retiring director shall be eligible for appointment as a director at any general meeting the clause further provides the manner in which the persons other than retiring director can stand for directorship and the company shall inform its members of the candidature of a person for the office of directorclause 142 - this clause corresponds to sections 260, 262 and 313 of the companies act, 1956 and contains some new provisions it seeks to provide the provisions for the appointment of additional director, alternate director and nominee director the board if authorised by articles may appoint any person, other than a person who fails to get appointed as a director in a general meeting, as an additional director at any time the clause further seeks to provide that the board may, if so authorised by its articles or by a resolution passed by the company, appoint a person, to act as an alternate director for a director during his absence for a period of not less than three months from india the clause also seeks to provide that only a person, who is qualified to be appointed as an independent director, shall be eligible to be appointed as an alternate director in place of an independent director the clause provides that an alternate director shall not hold office larger than permissible and shall vacate the office if and when the director in whose place he has been appointed returns to india the clause further provides that in the case of a public company or a private company which is a subsidiary of a public company, the casual vacancy may be filled by the board of directors at a meeting of the board the clause also provides that any person so appointed shall hold office up to the date up to which the director in whose place he is appointed would have held office if it had not been vacatedclause 143 - this clause corresponds to section 263 of the companies act, 1956 and seeks to provide that at a general meeting of a company, a motion for the appointment of two or more persons as directors by a single resolution shall not be moved unless a proposal to move such a motion has first been agreed to at the meeting without any vote being cast against itclause 144 - this clause corresponds to section 265 of the companies act, 1956 and seeks to provide that the articles of a company may provide for the appointment of not less than two-thirds of the total number of the directors in accordance with the principle of proportional representationclause 145 - this clause corresponds to section 274 of the companies act, 1956 and seeks to provide the circumstances and situations under which a person shall not be eligible for appointment as a director of a company the clause further provides for the situations in which a director shall not be eligible to be re-appointed as a director of that company or appointed in other public company for a period of five years the clause also provides that a private company may by its articles provide for any other disqualifications in addition to those specified in this clauseclause 146— this clause corresponds to section 275 of the companies act, 1956 and seeks to provide that no person, shall hold office as a director, in more than fifteen public limited companies at the same timeclause 147— this is a new clause and seeks to provide that a director of a company shall act in accordance with the company's articles it further seeks to provide for the various duties of directors in case of contravention, director is punishable with fine and if a director is found guilty of making any undue gain either to himself or to his relatives, partners or associates he shall also be liable to pay an amount, equal to that gain, to the companyclause 148 - this clause corresponds to section 283 of the companies act, 1956 and seeks to provide the grounds and circumstances under which the office of a director shall become vacant the clause further provides that where a person acts as a director after he is aware that the office of director held by him has become vacant on account of any disqualification, he shall be punishable with fine where all the directors vacate their offices under any of the disqualifications, the promoter or, in his absence, the central government shall appoint the required number of directors who shall hold office till the directors are appointed in the general meeting the clause also provides that a private company may provide for any other ground for vacation of officeclause 149 - this is a new clause and seeks to provide that a director may resign from his office by giving a notice in writing and the board shall, on receipt of such notice intimate the registrar and place such resignation in the subsequent general meeting of the company the clause further provides for the date on which the notice of resignation shall take effect the clause seeks to provide that where the number of directors is reduced below the quorum fixed, the continuing director or director(s) shall be deemed to constitute the quorumclause 150 - this clause corresponds to section 284 of the companies act, 1956 and seeks to provide that a company may, by ordinary resolution remove a director (not being a director appointed by the tribunal under section 213) special notice shall be required of any resolution, to remove a director or to appoint somebody in place of a director so removed the clause further provides that the director shall be entitled to be heard on the resolution at the meeting a vacancy created by the removal of a director may be filled by the appointment of another director in his place by the meeting at which he is removed the clause seeks to provide that the director who was removed from office shall not be re-appointed as a director by the board of directorsclause 151 - this clause corresponds to section 303 and 307 of the companies act,1956 and seeks to provide that every company shall keep at its registered office a register containing particulars of its directors and the key managerial personnel including the details of securities held by each of them in the company or its holding, subsidiary or associate companies a return containing particulars and documents of appointment or any change in the directors and the key managerial personnel shall be filed with the registrarclause 152 —this clause corresponds to section 304 of the companies act, 1956 and also seeks to provide the manner in which register shall be open for inspection the members shall take extracts therefrom and obtain copies thereof free of cost the clause seeks to provide that if any inspection as provided in this clause is refused, or if any copy required thereunder is not sent within thirty days from the date of receipt of such request, the registrar shall on an application made to him order immediate inspection and supply of copies required thereunderclause 153 - this clause corresponds to sub-section (3) of section 303 of the companies act, 1956 and seeks to provide that where a company or any director or any employee contravenes any of the provisions of this chapter, it shall be punishable with fineclause 154 - this clause corresponds to section 285 and 286 of the companies act,1956 and seeks to provide that every company shall hold the first meeting of the board of directors within thirty days of the date of its incorporation and hold a minimum number of four meetings of its board of directors every year the participation of directors in a meeting of the board may be either in person or through video conferencing or such other electronic means the clause further provides that a notice of the meeting of board shall be given to every director at his address registered with the company the meeting of the board may be called at shorter notice to transact urgent business where at least one independent director, if any, shall be presentclause 155 - this clause corresponds to section 287 and 288 of the companies act,1956 and seeks to provide that the quorum for a meeting of the board of directors of a company shall be one-third of its total strength or two directors, whichever is higher, and the directors participating by video conferencing or other electronic means shall be counted for quorum it further provides that where the number of interested directors exceeds, or is equal to, two-thirds of the total strength of the board, the number of directors who are not interested and present at the meeting, being not less than two, shall be the quorum the clause further provides that the meeting shall stand adjourned if it could not be held for want of quorumclause 156 - this clause corresponds to section 289 of the companies act, 1956 and seeks to provide that no resolution shall be deemed to have been duly passed by the board or by a committee thereof by circulation unless the resolution has been circulated in draft, to all the directors, or members of the committee at their addresses in india, and has been approved by a majority the clause also provides that such a resolution shall be noted and made part of minutes at a subsequent meetingclause 157 - this clause corresponds to section 290 of the companies act, 1956 and seeks to provide that any act done by a person as a director shall not be invalid if it is subsequently discovered that his appointment was invalid the clause further provides that nothing shall be given validity to any act done by the director after his appointment has been noticed by the company to be invalid or to have terminatedclause 158 - this clause contains some provisions of section 292a of the companies act, 1956 and contains some new provisions and seeks to provide the requirement and manner of constituting audit, remuneration, stakeholders relationship committees of the board the clause also provides for the requirements in respect of such committeesthe audit committee shall consist of a minimum of three directors with independent directors forming a majority and at least one director having financial knowledgethe chairman of an audit committee shall be an independent director remuneration committee shall consist of non-executive directors as appointed by the board out of which at least one shall be an independent director such remuneration committee shall determine the company's policies relating to the remuneration of the directors, key managerial personnel and such other employees as may be decided by the committeethe clause further provides that the board having a combined membership of the shareholders, debenture holders and other security holders of more than one thousand at any time during a financial year shall constitute a stakeholders relationship committee which shall consist of a chairman who is a non-executive director and such other members of the board as decided by the board stakeholders relationship committee shall consider and resolve the grievances of stakeholdersclause 159 - this clause corresponds to sections 291 and 292 of the companies act,1956 and seeks to provide that the board of directors shall be entitled to exercise all such powers, and to do all such acts and things, as the company is authorised to exercise and do except those that are to be exercised or done by the company in general meeting the clause further specifies the powers to be exercised by the board of directors on behalf of the companyclause 160 - this clause corresponds to section 293 of the companies act, 1956 and seeks to provide for the powers of the board of directors of a company to be exercised only with the consent of the company by a special resolutionclause 161 - this clause corresponds to section 293a of the companies act, 1956it seeks to provide the manner and limits up to which a company shall be able to contribute the amount to any political party or to any person for a political purpose the clause further provides the manner in which every company shall disclose in its profit and loss account any amount so contributed by it during any financial yearclause 162 - this clause corresponds to section 299 of the companies act, 1956 and seeks to provide the manner and periodicity in which every director shall make disclosures of his concern or interest in any company or bodies corporate, firms, or other association of individuals it also seeks to provide that every director of a company who is concerned or interested in a contract or arrangement shall disclose the nature of his concern or interest at the meeting of the board and shall not participate in such meeting the clause further provides that a contract or arrangement entered into by the company without disclosure or with participation by a director who is so concerned or interested shall be voidable at the option of the companyclause 163 - this clause corresponds to section 295 of the companies act, 1956 and seeks to provide the circumstances and manner in which a company shall advance any loan to any of its directors or to any other person in whom he is interested or give any guarantee or provide any security in connection with any loan taken by him or such other personclause 164 - this clause corresponds to section 372a of the companies act, 1956and seeks to provide the manner in which and limits up to which a company shall give any loan or give any guarantee or provide security in connection with a loan to any other body corporate or person or acquire by way of subscription, purchase or otherwise, the securities of any other body corporate the clause further provides that the companies as providing or associating loans shall disclose in financial statements full particulars of the loans given investments made or guarantees or securities provided the clause also provides for the manner in which registers will be kept by a company to record transactions and the manner in which such registers shall be available for inspection the clause exempts certain categories of companies from the provisions of this clauseclause 165 - this clause corresponds to section 49 of the companies act, 1956 and seeks to provide that all investments made or held by a company in any property, security or other asset shall be made and held by it in its own name it also seeks to provide that the company may hold any shares in its subsidiary company in the name of any nominee of the company, if it is necessary to ensure that the number of members of the subsidiary company is not reduced below the statutory limit the clause further provides that where any securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register containing such particulars and such register shall be open for inspectionclause 166 - this clause corresponds to section 297 of the companies act, 1956 and seeks to provide the manner in which contracts or arrangements by a company with related parties shall be made and disclosed it provides for the matter that requires the consent of board of directors of company or prior approval by special resolution it seeks to provide that every such contract or arrangement shall be referred to in the board's report to the shareholders along with the justification it also provide that where any contract or arrangement is entered into by a director or any other employee, without complying with the provisions and if it is not ratified by the approving authority, such contract or arrangement shall be voidable at the option of the boardclause 167 - this clause corresponds to section 301 of the companies act, 1956 and seeks to provide the particulars and the manner in which such particulars shall be entered by the company in the registers of contracts or arrangements in which directors are concerned or interested it further provides that the register kept under this clause shall be kept at the registered office of the company and open for inspection the register shall also be produced at every annual general meeting of the company and shall remain open and accessible during the meeting to any person having the right to attend the meetingclause 168 - this clause corresponds to section 302 of the companies act, 1956 and seeks to provide that every company shall keep at its registered office a copy of contract of service entered into by it with a managing or whole-time director or where such a contract is not in writing, a written memorandum setting out its terms shall be kept it also provides that copies of such contract and the memorandum shall be open to inspection by any member the provisions of this clause shall not apply to any private companyclause 169 - this clause corresponds to section 319 and 320 of the companies act,1956 and seeks to provide the circumstances and manner in which a director of a company shall receive any payment by way of compensation for loss of office or as consideration for retirement from office, etc it further provides that where a director of a company receives payment of any amount in contravention of this clause or the proposed payment is made before it is approved by the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the companyclause 170 - this is a new clause and seeks to provide for the manner in respect of regulation of arrangements between a company and its directors in respect of acquisition of assets for consideration other than cash the clause provides that such arrangements shall require prior approval by a resolution in general meeting and if the director or connected person is a director of its holding company, approval is required to be obtained by passing a resolution in general meeting of the holding company the clause also provides the circumstances when an arrangement entered into by a company or its holding company in contravention of the provisions is voidable at the instance of the companyclause 171 - this is a new clause and seeks to provide for the manner in which certain transactions or contracts are entered between a one person company and its sole member it seeks to provide that where a one person company limited by shares or by guarantee enters into a contract with the sole member of the company who is also director, the company shall, unless the contract is in writing, ensure that the terms of the contract or offer are contained in a memorandum or are recorded in the minutes of the first board meeting held after entering into the contract and every such contract shall be informed to the registrarclause 172 - this is a new clause and seeks to prohibit whole-time director or any of its key managerial personnel from buying certain kinds of future contracts in relation to securities of the company it further provides that where whole-time director or key managerial personnel acquires any securities in contravention of this clause he shall, surrender such securities and the company shall not register the same in his name in the register and if they are in dematerialised form, it shall inform the depository not to record such acquisitionclause 173 - this is a new clause and seeks to prohibit directors or key managerial person of the company shall deal in securities of a company, or counsel about, procure or communicate, directly or indirectly, any unpublished price-sensitive information to any personclause 174 - this clause corresponds to sections 197a, 267, 269, 317, 384, 385 of the companies act, 1956 and seeks to provide that no company shall appoint or employ a managing director and manager at the same time and further that no company shall appoint or reappoint any person as its managing director, whole-time director or manager for a term exceeding five years at a time it also provides that no company shall appoint any firm, body corporate, or other association as its manager the clause also provide the disqualification in respect of appointment of key managerial personnel it also seeks to provide the manner in which a managing director, whole-time director or manager shall be appointedclause 175 - this clause corresponds to section 309 of the companies act, 1956 and contains some new provisions providing that remuneration to managerial personnel can be paid either by way of a monthly payment or at a specified percentage of the net profits, or partly by monthly payment and partly by the percentage of net profits it further provides that where any insurance is taken by a company on behalf of its managing director, wholetime director, manager, chief executive officer, chief financial officer or company secretary for indemnifying any of them against any liability in respect of any negligence, default, etc, for which they may be guilty, the premium paid on such insurance shall not be treated as part of the remuneration payable to any such personnelclause 176 - this clause corresponds to section 309 of the companies act, 1956 and seeks to provide the kind of remuneration which can be paid to a director who is neither a whole-time director nor a managing director of a company it provides that such a director can be paid fee for attending meetings of the board or committees thereof it further seeks to provide that such a director can be paid profit-related commission with the prior approval of members by a special resolution the clause further provides that where any director draws or receives any sum as remuneration in excess of the amount, he shall refund such sum to the companyclause 177 - this clause corresponds to section 318 of the companies act, 1956 and seeks to provide the circumstances and manner in which any managing or whole-time director or manager, shall be entitled to receive payment by way of compensation for loss of office, or as consideration for retirement from office or in connection with such loss or retirement the clause also specify the quantum of such compensationclause 178 - this is a new clause and seeks to provide that every company belonging to such class or description of companies, as prescribed by the central government, shall have whole-time key managerial personnel it also seeks to provide that a whole-time key managerial personnel shall not hold office in more than one company at the same time except that of a director if company permits him in this regardclause 179 - this clause corresponds to section 209a and 234 of the companies act, 1956 and seeks to empower registrar of companies to call for any information, explanation or documents and to inspect books of accounts of the company etc the company and its officers shall furnish the information or explanation in documents within the specified time where the registrar is satisfied on the basis of information in documents that the business of the company is conducted in a fraudulent manner, he may, order an inquiry further, the central government too can order for an inquiry by the registrar or by an inspector appointed by itclause 180 - this clause corresponds to section 209a of the companies act, 1956and seeks to provide the procedure to be adopted for inspection or inquiries to be made by the registrar or inspector every director, officer or employee shall be bound to provide the information or the documents called for it empowers the registrar and inspector with the powers of the civil court under code of civil procedures, 1908 for summoning, examining on oath, inspection of books and other documents, etcclause 181 - this clause corresponds to section 209a of the companies act, 1956and seeks to provide that the registrar or inspector shall submit a report to the central government after inspection of books of accounts or the examining any person as the case may be and will include his recommendations for further investigation if necessary duly supported by reasons or documentsclause 182 - this clause corresponds to section 234a of the companies act, 1956and seeks to provide for seizure of documents by the registrar if he has reasonable ground to believe that the same is likely to be destroyed, mutilated, altered, falsified, etc, with the permission of special court the registrar has to return the seized documents within 180 days to the company from whose custody the documents were seizedclause 183 - this clause corresponds to section 235 of the companies act, 1956 and seeks to empower the central government to order an investigation into the affairs of a company either on the report of registrar or on special resolution passed by a company or in public interest further, this clause also empowers court/tribunal to order that the affairs of a company ought to be investigated for the purpose of investigation, the central government has the power to appoint inspector(s) and seek reportclause 184 - this clause corresponds to section 237 of the companies act, 1956 and seeks to empower the tribunal to order an investigation by the central government in case an application is made by at least 100 members or by member having 1/10th of total voting power or 1/5th of the members in case of company with no share capital seek an investigation into the affairs of the company or on an application suggesting fraud, misfeasance or misconduct or when any information is withheld this clause further empowers the central government to appoint inspector(s) and seek reportclause 185 - this clause corresponds to section 236 and 245 of the companies act,1956 and seeks to provide that the company or the applicants has to give security for payment of the costs and expenses of the investigation and shall deposit a maximum amount of rs 25 lakhs towards the cost of investigation it provides that on completion of investigation, the cost of investigation shall be worked out and notice thereof shall be served on the company for payment of such amount within specified time the amount so paid shall be a charge on property and recoverable accordinglyclause 186 - this clause corresponds to section 238 of the companies act, 1956 and seeks to provide bar on firm, body corporate or other association for an appointment as inspector under section 183 or 184 of the actclause 187 - this clause corresponds to section 247 of the companies act, 1956 and seeks to empower the central government to appoint one or more inspectors to investigate and report on the membership of the company such an investigation shall include any arrangement or understanding observed in practice relevant for the purpose of investigationclause 188 - this clause corresponds to section 240 of the companies act, 1956 and seeks to provide that it shall be the duty of all officer and employees of the company which is under investigation to produce books and papers and give all assistance to the inspector the clause provides for the powers of the inspector the inspector may examine any person on oath and notes of such examination shall be taken in writing however, in case of failure to the furnish information or to appear for examination on oath, the offence is punishable with imprisonment and fine the central government may notifying the foreign states with whom a reciprocal arrangement to assist any inspection have been madeclause 189 - this clause corresponds to section 239 of the companies act, 1956 and seeks to empower the inspector to investigate the affairs of any other body corporate where such corporate is or has been holding or subsidiary or have same managing director or manager or where board of directors act on the directions of such company, then subject to prior approval of the central government, can investigation into the affairs of such body corporate or managing director or manager, etc, be doneclause 190 - this clause corresponds to section 240a of the companies act, 1956and seeks to deal with seizure of documents by the inspector when he has reasonable ground to believe that they are likely to be destroyed, mutilated, altered, falsified, etc the inspector has to return the seized documents after conclusion of investigation it empowers the inspector to conduct search, seize books or papers in terms of the provisions of the code of criminal procedure 1973clause 191 - this is a new clause and seeks to provide that where in connection with inquiry or investigation into the affairs of the company or a reference by the central government or on complaint by any person that transfer or disposal of funds, properties or assets is likely to take place which is pre-judicial to the interest of company, then tribunal may order for a period freezing such transfer, removal or disposal of assets for a period of three yearclause 192 - this clause corresponds to section 250 of the companies act, 1956 and seeks to provide for imposition of restrictions by the tribunal in connection with investigation on the securities of the company for a period not exceeding three yearsclause 193 - this clause corresponds to section 235 and 246 of the companies act,1956 and seeks to provide for submission of the interim and final report of investigation to the central government such a report shall be in writing or printed the central government shall forward a copy of report to the company and may furnish a copy on payment of prescribed fee to any person who is member of company or creditor of company or the body corporate affected wherever applicable, a report shall also be furnished to court or tribunal further, such a report can be submitted as evidence in any legal proceedingsclause 194 - this is a new clause and seeks to provide that no suit or proceedings shall lie in any court or tribunal or other authority in respect of any action initiated by the central government for making an investigation or for appointment of any inspector in this regard and no proceedings of an inspection shall be called in question or stayed by any court or tribunal or any authority till such investigation report is submittedclause 195 - this clause corresponds to section 242 of the companies act, 1956 and seeks to empowers the central government to prosecute such person for the offence and cast duty on officers, employees or the company or body corporate to provide necessary assistance in connection with the prosecution this clause further deals with action to be taken on the investigation report which includes winding-up , misfeasance, recovery proceedings, etcclause 196 - this clause corresponds to section 245 of the companies act, 1956 and seeks to provide that expenses of investigation shall be borne by the central government in the first instance thereafter, it shall be borne by person so convicted on a prosecution instituted or who is ordered to pay damages or restore the property to the extent he may be ordered to pay the said expenses as specified by the court further, any amount which company is liable to pay shall be the first charge on the propertyclause 197 - this clause corresponds to section 250a of the companies act, 1956and seeks to provide with continuation of investigation even after voluntary winding-up or application is pending before the tribunal further, it provides that winding-up order shall not absolve director or employee from participating in the proceedings before the inspector or any liability as a result of findings by inspectorclause 198 - this clause corresponds to section 251 of the companies act, 1956 and seeks to provide the rights of the legal advisers or bankers of the body corporate or other person, not to disclose to the tribunal or to the central government or to the inspector any information as to the affairs of any of their customers, other than such company or body corporateclause 199 - this is a new clause and seeks to provide that the provisions of inspection or investigation applicable to indian companies shall also apply mutatis mutandis to inspection or investigation of foreign companiesclause 200 - this clause corresponds to some provisions of section 628 of the companies act, 1956 and seeks to provide punishment for furnishing false statements, mutilation or destruction of documents during the course of inspection/investigationclause 201 - this clause corresponds to section 391 of the companies act, 1956 and seeks to provide powers to tribunal to make order on the application of the company or any creditor or member or in case of wound-up, of liquidator for the proposed compromise or arrangements including debt restructuring, etc, between company, its creditors and members an application by affidavit shall disclose all material facts relating to company, reduction of share capital scheme of corporate debt restructuring where a meeting is called, a notice shall be sent to all creditors, members, debenture holders or by advertisement which shall be accompanied by statement disclosing the details of compromise or management the order of the tribunal sanctioning compromises or arrangement shall be filed with the registrar takeover of companies have been included in compromises or arrangements an aggrieved party may appeal to the tribunal in the event of any grievances with respect to the takeover offer in case of companies other than listed companiesclause 202 - this clause corresponds to section 392 of the companies act, 1956 and seeks to provide powers to tribunal to enforce compromise or arrangements with creditors and members as ordered under clause 201 the clause also provides that, if the tribunal is satisfied that such compromise or arrangement cannot be implemented satisfactorily with or without modifications, and the company is unable to pay its debts as per the scheme, it may make an order for winding-up of the companyclause 203 - this clause corresponds to section 394 of the companies act, 1956 and seeks to provide powers to tribunal to order for holding meeting of the creditors or the members and to make orders on the proposed reconstruction, merger and amalgamation of companies the clause provides the manner and procedure in which the meeting so ordered by the tribunal be held where the tribunal orders for transfer of any property or liability, that property or liability shall be transferred to and become the liabilities of the transferee company and any property may if the orders so directs be free of any charge by virtue of compromises or arrangement every company shall file a certified copy of the order within thirty days with the registrar for registrationclause 204 - this is a new clause and seeks to provide for merger or amalgamation between two small companies or between a holding company and its wholly owned subsidiary company by giving a notice of the proposed scheme inviting comments or objections by both the transferor and the transferee company the scheme is to be approved by the respective members at a general meeting by passing a special resolution and by threefourths in value of the creditors of respective companies transferee company shall file a copy of the approved scheme with the registrar and the official liquidator if the registrar is of the opinion that such a scheme is not in public interest or in interest of the creditors, he may file an application before the tribunal stating his objections and requesting to consider the scheme for reconstruction merger or amalgamation, etc, under clause 203 the tribunal may direct accordingly or it may confirm the scheme by passing such order as it deem fit the transferor company shall be deemed to be dissolved on registration of the scheme this clause also provides for effects of registration of the scheme with the registrarclause 205 - this is a new clause and seeks to provide the mode of merger or amalgamation between registered companies and companies incorporated in the jurisdictions of such countries as notified from time to time by the central government by mutual agreement this clause further provides that foreign company may merge or amalgamate into a company or vice versa and the terms and conditions of the scheme of merger or amalgamation may provide for the payment of consideration to the shareholders of the merging company in cash or partly in cash or partly in indian depository receiptsclause 206 - this clause corresponds to section 395 of the companies act, 1956 and seeks to provide the manner in which the transferee company shall acquire shares of the shareholders dissenting from the scheme or contract as approved by the majority shareholders holding not less than nine-tenths in value of the shares whose transfer is involved the transferee company shall send a copy of the notice to the transferor company together with an instrument of transfer, to be executed and pay the consideration representing the price payable by the transferee company for the shares such consideration received by transferor company shall be paid into separate bank account and any other consideration shall be held by company in trust and shall be disbursed to the entitled shareholdersclause 207 - this clause corresponds to section 395 of the companies act, 1956 and seeks to provide the procedure and manner in which the registered holder of at least 90 per cent shares of a company shall notify the company of their intention to buy the remaining equity shares of minority shareholders, by virtue of an amalgamation, share exchange, conversion of securities, etc, provison for valuation of shares have been provided by a registered valuerclause 208— this clause corresponds to section 396 of the companies act, 1956 and seeks to provide power to central government to provide for amalgamation of two or more companies in public interest by passing an order to be notified in the official gazette every member or creditor or debenture holder shall have same interest or rights against transferee company as he had in original company and where the interest or right is less than his interest or right, he shall be entitled to compensation by transferee company any aggrieved person may approach tribunal for redressal of grievancesclause 209— this clause seeks to provide mode of registration of offer of schemes or contract involving the transfer of shares every circular containing such offer and recommendation and containing a statement shall be accompanied by requisite information and must be registered with the registrar before issue the registrar may refuse to register any such circular which does not contain the requisite information this clause further seeks to provide that power to appeal shall lie with tribunal in the event of refusal of registration of offer of scheme by registrar of companiesclause 210— this clause corresponds to section 396a of the companies act, 1956and seeks to provide that no company which has been amalgamated or whose shares has been acquired by another company to dispose of its books of accounts and papers without the prior permission of the central government the government may appoint a person to examine books and papers to as certain whether they contain any evidence of commission of offence in connection with promotion, formation, management, etc, of the companyclause 211— this clause seeks to provide that the liability in respect of offences committed by the officers in default of transferor company prior to its merger/amalgamation/ acquisition shall continue after such merger or amalgamation/acquisitionclause 212— this clause corresponds to section 397 of the companies act, 1956 and seeks to provide the circumstances in which an application may be made to the tribunal by any member of a company or by the central government for relief in cases of oppression and mismanagement in the affairs of the companyclause 213— this clause corresponds to sections 398, 402, 403 and 404 of the companies act, 1956 and seeks to provide for powers of tribunal to pass an order with a view to bring to an end the matters complained of oppression and mis-management the clause provides that a certified copy of order of tribunal shall be filed with the registrar the tribunal may make any interim order as it thinks just and equitable where tribunal's order require alteration of articles, a certified copy of the same be filed with the registrarclause 214 - this clause corresponds to section 407 of the companies act, 1956 and seeks to provide for consequence of termination or modifications of certain agreements by an order passed by the tribunal such order shall not give rise to any claims against the company by any person for damages or compensation for loss of office further, no such managing director or director or manager whose agreement is so terminated shall be appointed for a period of five years from the date of the order without the leave of the tribunalclause 215— this clause corresponds to section 399 of the companies act, 1956 and seeks to provide that the members of a company not less than one hundred in number or one-tenth of the total number of members of issued shares and in case of company without share capital not less than one-fifty of the total number of its members can file an application to the tribunal for relief in cases of oppression and mis-management the clause further provides that the tribunal may waive all or any of the requirements specified thereinclause 216— this is a new clause and seeks to provide that any one or more members or one or more creditors may file an application before the tribunal on behalf of the members and creditors if they are of the opinion that the management or control of the affairs of company are being conducted in a manner prejudicial to the interests of the company or its members or creditors and to restrain the company from oppression and mis-management the order passed by the tribunal shall be binding on the company and all its members and creditorsclause 217 - this clause seeks to provide that clauses 386 to 390 (both inclusive)relating to power to punish for contempt of the tribunal, etc, shall apply in relation to a fraudulent application made to the tribunal for oppression and mis-managementclause 218— this is a new clause and seeks to provide that valuation in respect of any property, stocks, shares, debentures, securities, goodwill or net worth of a company or its assets shall be valued by a person registered as a valuer, appointed by the audit committee or in its absence by the board of directors of the companyclause 219— this is a new clause and seeks to provide the procedure for registration as valuer the central government shall maintain a register called the register of valuers in which the names and addresses of persons registered as valuers are to be recorded it also provides that a chartered accountant, cost and works accountant, company secretary or other persons possessing prescribed qualifications may apply to the central government to be registered as a valuer the clause further provides that no company or body corporate shall be eligible to apply as registered valuerclause 220— this is a new clause seeking to provide powers to the central government for appointment of a committee of experts to recommend suitable names for the purpose of inclusion in the register of valuersclause 221—this is a new clause seeking to restricts a person to practice, describe or project himself as a registered valuer unless he is registered as a valuer further, the clause seeks to provide for submission of the report of valuation of any assets by a registered valuer the registered valuer shall not charge at a rate exceeding the rate prescribedclause 222— this is a new clause and seeks to provide that a registered valuer or a person who has made an application for registration as a valuer is sentenced to a term of imprisonment for any offence or found guilty of misconduct in his professional capacity, shall immediately after such conviction or finding intimate the particulars thereof to the central governmentclause 223 - this is a new clause and seeks to provide the circumstances under which the name of a valuer may be removed from the register or restored in the register by the central government the central government shall review the performance of all registered valuers once in three years and may remove the name of any person after giving opportunity of being heardclause 224 - this clause corresponds to section 560 of the companies act, 1956 and seeks to provide the circumstances under which the registrar shall send a notice to the company and all the directors of the company of his intention to remove the name of the company from the register the clause further provides that a company by a special resolution or with the consent of seventy-five per cent members in terms of share capital may also file an application to the registrar for removing the name of the company from the register where company is regulated under special law, approval of the regulatory body constituted, shall also be obtained and enclosed with applicationthe clause further seeks to provide that at the expiry of the time mentioned in the notice, the registrar may strike the name of the company off the register, and on the publication in the official gazette of this notice, the company shall stand dissolved however, the registrar, before passing an order shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time the liability of every director, manager or other officer exercising any power of management and every member of company dissolved shall continue and may be enforced as if company had not been dissolvedclause 225 - this is a new clause and seeks to provide certain situations in which no application be made by the company for removing its name from the register it further provides penalty if a company files an application in violation of the conditions prescribed an application filed by a company for removing its name shall be withdrawn by the company or rejected by the registrar as soon as conditions when no application for removing name of the company from register is brought to his noticeclause 226— this clause corresponds to sub-section (5) of section 560 of the companies act, 1956 and seeks to provide that where a company is dissolved it shall cease to operate as a company and the certificate of incorporation is deemed to have been cancelled except for the purpose of realising the amount due to the company and for the payment or discharge of the liabilities or obligations of the companyclause 227 - this is a new clause and seeks to provide penalty in case fraudulent application is made for removal of name of the company from the register with the object of evading the liabilities of the company or with the intention to deceive the creditors or to defraud any other persons further, the registrar may also recommend prosecution against the persons responsible for the filing such applicationsclause 228— this clause corresponds to sub-section (6) of section 560 of the companies act, 1956 and seeks to provide that any person, company, any member or creditor aggrieved by an order of the registrar notifying a company as dissolved can file an appeal to the tribunal within 3 years for restoration of the name of the company in the register if tribunal is of the opinion that removal of name is not justified or in the absence of any ground, may order for restoration of the name the company shall file the copy of order with registrar and the registrar shall restore the name and issue a fresh certificate of incorporation the clause further provides that where the name of the company is struck off from the register, the name of the company may be restored, if the tribunal is satisfied that the company was carrying on business or operates or otherwise and it is just to restore the name of company to the registration before the expiry of twenty yearsclause 229 - this clause corresponds to section 424a of the companies act, 1956and seeks to provide the manner in which a company be declared sick in case a company fails to pay its debt, the creditor may file an application to the tribunal for determination that the company be declared as a sick company an applicant may at any time apply for stay of proceedings of winding-up the tribunal may pass an order on the application the company at its own may also file an application to the tribunal for declaring it as a sick company after filing application before the tribunal the company shall not dispose of its assets except as required in the normal course of business and the board of directors shall not take any steps likely to prejudice the interests of the creditors the tribunal shall determine whether the company is sick or not within sixty daysclause 230— this clause corresponds to section 424 b of the companies act, 1956and seeks to provide that any secured creditor of sick company may make an application to the tribunal for the determination of the measures that may be adopted with respect to the revival and rehabilitation of such company this clause further provides for certain conditions to be fulfilled in case the financial assets of the sick company had been acquired as per the securitisation and reconstruction of financial assets and enforcement of securities interest act, 2002 an application shall be accompanied by audited financial statements of the company and a draft scheme of revival and rehabilitation of the company along with feeclause 231— this is a new clause and seeks to provide that the tribunal shall fix a date of hearing not later than ninety days from date of the receipt of an application and appoint an interim administrator to convene a meeting of creditors of the company to ascertain whether it is possible to revive and rehabilitate the sick company in case, no draft scheme is filed by the company, the tribunal may direct the interim administrator to take over the management of the company to protect and preserve the assets of the sick company and for its proper managementclause 232— this is a new clause and seeks to provide that the interim administrator shall appoint a committee of creditors having not more than seven members including a representative of secured creditor, if any the interim administrator may direct any promoter, director or any other key managerial personnel to attend any meeting of the committee of creditors and to furnish such information as considered necessary by the interim administratorclause 233— this is a new clause and seeks to provide that if the tribunal is satisfied with the report of the interim administrator wherein the creditors representing three-fourths in value of the amount outstanding against the sick company present and voting have resolved that it is not possible to revive and rehabilitate such company, the tribunal shall order that the proceedings for the winding-up of the company be initiated; or shall appoint a company administrator for the company and advice such administrator to prepare a scheme of revival and rehabilitation of the sick company the tribunal may, appoint an interim administrator as the company administratorclause 234— this is a new clause and seeks to provide that the interim administrator or company administrator shall be appointed by the tribunal from a panel of advocates, company secretaries, chartered accountants, cost and works accountants, etc the tribunal may direct the company administrator to take over the assets or management of the company to assist him in the management of the company the company administrator may engage the services of expertsclause 235— this clause corresponds to section 424h of the companies act, 1956and seeks to provide that the company administrator shall prepare a complete inventory of all assets and liabilities, all books of account, a list of shareholders and creditors, a valuation report in respect of the shares and assets in order to arrive at the reserve price for the sale of any industrial undertaking of the company or for the fixation of the lease rent or share exchange ratio, proforma accounts of company where audited accounts are not available and a list of workmen of the companyclause 236— this clause corresponds to section 424d of the companies act, 1956and seeks to provide that the company administrator shall prepare a scheme of revival and rehabilitation of the sick company the clause further provides for the various measures to be considered while preparing the schemeclause 237— this clause corresponds to section 424d of the companies act, 1956and seeks to provide that the scheme prepared by the company administrator will be placed before the separately convened meetings of secured and unsecured creditors of the sick company if the scheme is approved by the unsecured and secured creditors, the company administrator shall submit the scheme before the tribunal for sanctioning the scheme where the scheme relates to amalgamation of the sick company with any other company, such scheme shall be laid before the general meetings of the companies for approval by its shareholders and separately in the meetings of secured and unsecured creditors on the receipt of the scheme, the tribunal after satisfying that the scheme had been validly approved pass an order sanctioning such scheme the sanction accorded by the tribunal shall be conclusive evidence and a copy of the sanctioned scheme shall be filed with the registrar by the sick companyclause 238— this clause corresponds to section 424d(10) of the companies act,1956 and seeks to provide that on and from the date of the coming into operation of the sanctioned scheme, its provisions shall be binding on the sick company and the transferee company and also on the shareholders, creditors and guarantors of the said companiesclause 239— this clause corresponds to section 424 g of the companies act, 1956and seeks to provide that the tribunal for effective implementation of the scheme may authorise the company administrator to implement a sanctioned scheme where it is difficult to implement the scheme for any reason or the scheme fails due to non- implementation of obligations by the parties concerned, the company administrator or in his absence, the company, the secured creditors, or the transferee company in a case of amalgamation, may make an application before the tribunal for modification of the scheme or to declare the scheme as failed, as the case may be, and may request that the company may be wound-up the tribunal shall, pass an order for modification of the scheme or declaring the scheme as failed and pass an order for the winding-up of the companyclause 240— this is a new clause and seeks to provide that if the scheme is not approved by the creditors in the manner specified, the company administrator shall submit a report to the tribunal and the tribunal shall order for the winding-up of the sick companyclause 241— this clause corresponds to section 424 k of the companies act, 1956and seeks to provides that if it appears to the tribunal in the course of scrutiny or implementation of any scheme that any person who has taken part in the promotion, formation or management of the sick company or its undertaking has misapplied or retained, or become liable or accountable for, any money or property of the sick company; or has been guilty of any misfeasance, malfeasance or nonfeasance or breach of trust in relation to the sick company, the tribunal may by order, direct him to repay or restore the money or property, with or without interest, as it thinks just, or to contribute to the assets of the sick company further, if the tribunal is satisfied on the basis of the information and evidence with respect to any person who by himself or along with others had diverted the funds or property or had managed the affairs of the company in a manner highly detrimental to the interests of the company, the tribunal shall, direct the public financial institutions, scheduled banks and state level institutions not to provide, any financial assistance to such person or any firm of which such person is a partner or any company or other body corporate of which such person is a director or to disqualify a person from being appointed as a director for a period of six yearsclause 242— this clause corresponds to section 424l of the companies act, 1956and seeks to provide the punishment if any person violates the provisions relating to the revival and rehabilitation of sick companies or any scheme, or any order, of the tribunal or the appellate tribunal or makes a false statement or gives false evidence or attempts to tamper the records of reference or appeal filed under this actclause 243— this is a new clause and seeks to provide that no appeal shall lie and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this chapter further, no civil court shall have any jurisdiction in respect of matter which tribunal or appellate tribunal is empoweredclause 244— this clause corresponds to section 441c of the companies act, 1956and seeks to provide that a fund to be called the rehabilitation and insolvency fund shall be formed for the purposes of rehabilitation, revival and liquidation of sick companies the clause provides for the amounts to be credited to the fund the fund shall be managed by an independent administrator to be appointed by the central government the fund can be utilised only by the companies who contributed to the fund to the extent to its contribution for making payment to the workmen protecting the assets of company, etcclause 245— this clause corresponds to section 425 of the companies act, 1956the clause seeks to provide two modes of winding-up such as by the tribunal or voluntaryclause 246— this clause corresponds to sections 433 and 434 of the companies act,1956 and seeks to provide the circumstances under which a company may be wound-up by the tribunal the clause further seeks to define the circumstances when a company is deemed to be unable to pay its debtsclause 247—this clause corresponds to section 439 of the companies act, 1956 and seeks to authorise the persons or authority who can file or present a petition to the tribunal for the winding-up of a company this clause further seeks to authorise a secured creditor, holder of any debenture and trustee for the holders of debentures and contributory to file the petition for winding-up of a company the clause restricts the registrar from making petition for winding-up on the grounds that the company is unable to pay debts a petition filed by the company for winding-up shall be accompanied by a statement of affairs of the companyclause 248— this clause corresponds to section 443 of the companies act, 1956 and seeks to provide the time within which the tribunal is required to pass an order either dismissing the petition for winding-up or make an order for winding-up; or make any interim order or appoint a provisional liquidator the clause further provided that when a petition is presented on just and equitable ground, the tribunal may refuse it if it is of the opinion that any other remedy is availableclause 249— this clause corresponds to section 439a of the companies act, 1956and seeks to empower the tribunal to direct the company to file its objections along with a statement of its affairs when a petition is made by a person other than the company failure to file the statement of affairs will forfeit the right to oppose the petition and the directors and officers as found responsible for such non-compliance, shall be punishable the clause further seeks to provide punishment to the directors and other officers of the company who have contravened the provisions of this clause such as non filing of the statement of affairs and completed and audited books of accounts of the companyclause 250— this clause corresponds to sections 448, 449 and 450 of the companies act, 1956 this clause seeks to provide for the appointment of provisional liquidator or the company liquidator for the purpose of winding-up of a company from a panel of professionals maintained by the central government such professionals must be having atleast ten years of experience in company matters or such other qualifications the clause also empowers the central government to remove the name of a person from the panel of professionals on the ground of misconduct, fraud, etc, after giving him an opportunity of being heard the clause further provides that the tribunal shall specify the terms and conditions and fee payable to the liquidatorclause 251— this is a new clause and seeks to prescribe the grounds on which the tribunal may remove the provisional liquidator or the company liquidator as liquidator of the company in case of death, resignation or removal, the tribunal may transfer the work assigned to another company liquidator after recording the reasons in writing the clause also authorises the tribunal to recover such loss or damage from the liquidator who fails to perform his duty after providing him a reasonable opportunity of being heardclause 252— this clause corresponds to sections 444 and 445 of the companies act,1956 and seeks to provide for the order of tribunal for the winding-up of a company to the company liquidator and the registrar within a period of fifteen days from the date of passing of such order the registrar on receipt of orders make an endorsement of it in its record and notify the same in the official gazette the order of the tribunal would be deemed to be a notice of discharge to the officers, employees and workmen of the company except when the business of the company is continuedclause 253— this clause corresponds to section 447 of the companies act, 1956 and seeks to provide that the winding-up order shall operate in favour of all the creditors and contributories of the companyclause 254— this clause corresponds to section 446 of the companies act, 1956 and seeks to provide that on passing of winding-up order or appointment of provisional liquidator, all suits, etc, by or against the company be stayed except with the leave of the tribunal the clause further seeks to provide for the time frame within which an application seeking leave is to be disposed of by the tribunal however, this provision shall not apply to any proceedings pending in appeal before the supreme court or a high courtclause 255— this clause seeks to provide the jurisdiction of tribunal to entertain or dispose of any suit or proceedings or claim by or against the company and also to entertain or dispose of any question of law arising before or after winding-upclause 256— this clause corresponds to section 455 of the companies act, 1956 and seeks to provide for submission of report containing the particulars of the nature and details of assets of the company, amount of issued, subscribed and paid-up capital, etc, to the tribunal by company liquidator within sixty days from the date of order of the tribunal the clause also seeks to provide that the company liquidator shall include in his report the manner in which the company was promoted or formed and whether any fraud has been committed by any person in its promotion or formation the company liquidator shall also report on the viability of the business of the company or the steps which are necessary for maximising the values of the assets of the company the clause also entitle the creditor or a contributory of the company to inspect the report submitted and to take copies thereof or extracts therefrom on payment of the feeclause 257— this is a new clause and seeks to empower the tribunal to consider the report of company liquidator and fix a time limit or revise the time limit already fixed within which the entire proceedings shall be completed and the company dissolved the clause further seeks to empower the tribunal to order for sale of assets of the company or appointment of sale committee to assist the company liquidator in sale the clause seeks to empower the tribunal, to order for investigation where a report is received from the company liquidator or the central government or any person that a fraud has been committed in respect of the company and also order such steps as may be necessary to protect, preserve or enhance the value of the assets of the companyclause 258— this clause corresponds to section 456 of the companies act, 1956 and seeks to cast duty upon provisional liquidator or the liquidator on the order of the tribunal to take into his custody all the property, effects and actionable claims to which the company is entitled to and take such steps and measures, as may be necessary, to protect and preserve the properties of the company this clause further provides that all the property and effects of the company shall be deemed to be in the custody of the tribunal from the date of the order for the winding-up of the company this clause also provides for filing of an application by the company liquidator seeking directions of the tribunal with regard to surrender or transfer of any money, property, books and papers by any trustee, receiver, banker, agent, officer or other employee of the companyclause 259— this is a new clause and seeks to provide for co-operation by the promoters, directors, officers and employees, past and present, of the company to the company liquidator in discharge of his functions and duties this clause further seeks to provide that if any of the aforesaid person fails to discharge his obligations, he shall be punishable with imprisonment or with fine or with bothclause 260— this clause corresponds to section 467 of the companies act, 1956 and seeks to provide for settlement of list of contributories, rectification of register of members, to make calls on or adjust the rights of contributories, etc this clause further provides for adoption of procedure by the tribunal while settling the list and rights of contributoriesclause 261— this is a new clause and seeks to put obligations on directors and managers of limited company whose liability is unlimited, to contribute in addition to his liability to contribute as an ordinary member the clause further provides for the exemptions when a past director or manager shall not be liable to make further contribution as if he were at the commencement of winding-up, a member of an unlimited companyclause 262— this clause corresponds to sections 464 and 465 of the companies act,1956 and seeks to provide for the constitution of a committee of inspection by the tribunal to advise the company liquidator and to report to the tribunal on matters as the tribunal may direct this clause further provides the maximum number of members being creditors or contributories and other persons as directed by tribunal, who can become members of the committee the clause also seeks to direct company liquidator to convene a meeting of the creditors and contributories to ascertain the composition of the committee of inspection it finally seeks to provide that the meeting of committee of inspection shall be chaired by the company liquidatorclause 263— this is a new clause and seeks to provide that the company liquidator shall make quarterly reports to the tribunal with respect to the progress of the winding-up of the company the clause further provides that the tribunal may, on an application by the company liquidator, review the orders made by it and make such modifications as it thinks fitclause 264— this clause corresponds to section 466 of the companies act, 1956 and seeks to empower the tribunal to stay the proceedings of winding-up for such time not exceeding one hundred and eighty days and on after satisfying itself that it is fair and just to revive and rehabilitate the company the clause provides that before making an order, the tribunal may require the company liquidator to furnish a report of any relevant facts or matter the clause further cast duty upon the company liquidator to forward a copy of every order to the registrar who shall make an endorsement of the order in the books and records relating to the companyclause 265— this clause corresponds to section 457 of the companies act, 1956 and seeks to provide the powers exercisable by the company liquidator viz power to carry on the business of the company, to sell the movable and immovable property of the company, to defend or institute any suit, to raise any money on the security of assets of the company, etc the clause finally provides that the company liquidator shall perform the duties as may be specified by the tribunalclause 266— this clause corresponds to section 459 of the companies act, 1956 and seeks to allow the company liquidator, with the sanction of the tribunal, to appoint chartered accountants or company secretaries or cost accountants or legal practitioners or such other professionals as may be necessary to assist him in the performance of his duties and functions the clause further seeks for disclosure by the person to the tribunal of any conflict of interest or lack of independence in respect of his appointmentclause 267— this clause corresponds to section 460 of the companies act, 1956 and seeks to allow company liquidator to administer the distribution of assets among its creditors in accordance with the directions given by the resolution of the creditors or contributories at any general meeting or by the committee of inspection in case of conflict, the directions given by the creditors or contributories at any general meeting are deemed to override any directions given by the committee of inspection the clause further seeks to empower the company liquidator to summon general meetings of the creditors or contributories any person aggrieved by any act or decision of the company liquidator may apply to the tribunal who may confirm, reverse or modify the act or decision and make such further order as it think just in the circumstancesclause 268— this clause corresponds to section 461 of the companies act, 1956 and seeks to provide that the company liquidator shall keep proper books and make necessary entries he shall also prepare the minutes of the proceedings at meetings the clause further provides that the books may be inspected by any creditor or contributory or through his agentclause 269— this clause corresponds to section 462 of the companies act, 1956 and seeks to provide for the maintenance of books of account by the company liquidator the company liquidator shall present to the tribunal a receipt and payments account in duplicate duly verified by a declaration, twice in each year during his tenure of office it also seeks for filing of copy of such audited accounts with the registrar and the tribunal this clause further seeks to provide that the company liquidator shall send the printed copy of the audited accounts to every creditor and every contributory this clause also provides for forwarding a copy of accounts to central or state government in case of a government companyclause 270— this clause corresponds to section 469 of the companies act, 1956 and seeks to provide that the contributory shall contribute any amount due by him this clause further provides in case of an unlimited company, contributory can set off any amount payable to him by the company a director or manager can similarly set off the amount when their liability is unlimited in a limited company this clause finally provides that such set off facility shall also be given to a contributory after all the creditors have been repaid in full irrespective of whether the company is limited or unlimitedclause 271— this clause corresponds to section 470 of the companies act, 1956 and seeks to provide that the tribunal may, at any time after the passing of a winding up order, make calls on all or any of the contributories to the extent of their liability, for payment of any money which the tribunal considers necessary to satisfy the debts and liabilities of the companyclause 272— this clause corresponds to section 475 of the companies act, 1956 and seeks to empower the tribunal to adjust the rights of the contributories among themselves and distribute any surplus among the persons entitledclause 273— this clause corresponds to section 476 of the companies act, 1956 and seeks to empower the tribunal to order for payment out of the assets, of the costs, charges and expenses incurred in winding up in order of priority, when the assets of the company are insufficient to satisfy its liabilitiesclause 274— this clause corresponds to section 477 of the companies act, 1956 and seeks to empower the tribunal to summon and examining before it any officer of the company or person known or suspected to have in his possession any property or books or papers, of the company, or known or suspected to be indebted to the company or capable of giving information relating to formation, promotion or affairs of the company this clause further provides that the tribunal may direct the liquidator to file before it a report in respect of property, debt, etc, of the company in possession of other persons it also seeks to empower tribunal to impose an appropriate cost if any officer or person so summoned fails to appear before the tribunal at the appointed time without a reasonable causeclause 275— this clause corresponds to section 478 of the companies act, 1956 and seeks to empower the tribunal to order examination of any person on the report made by the company liquidator that in his opinion, a fraud has been committed by such person in promotion or formation or the conduct of the business of the company the person shall be examined on oath and shall answer all the questions as put by the tribunal it also seeks to provide that any creditor or contributories may also take part in the examination either personally or by any agent with the permission of the tribunal it provides that company liquidator shall take part in the examination and undertake such legal assistance as may be sanctioned by the tribunalclause 276— this clause corresponds to section 479 of the companies act, 1956 and seeks to provide that the tribunal may pass an order at any time either before or after passing a winding up order, to arrest a contributory or any person having property, accounts or papers who is about to abscond or quit india or is about to remove or conceal any of his property, for the purpose of evading payment of calls or to avoid examination of affairs of the company it further seeks to provide that the books and papers and movable property shall be seized and kept safely until tribunal ordersclause 277— this clause corresponds to section 481 of the companies act, 1956 and seeks to provide that the company liquidator shall make an application to the tribunal for dissolution of a company which has been completely wound up the tribunal shall make an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly a copy of the order shall be filed by the company liquidator within thirty days with the registrar who shall record in the register this clause further seeks to provide punishment with fine for failure on the part of liquidator in forwarding copy to registrarclause 278— this clause corresponds to section 483 of the companies act, 1956 and seeks to provide that the provisions contained in chapter xx shall have no effect in case of any order made by any court in any proceedings for the winding up of a company immediately before the commencement of this act and an appeal against such order shall be filed before such authority competent to hear such appeals before the commencement of the actclause 279— this clause corresponds to section 484 of the companies act, 1956 and seeks to provide the circumstances for voluntarily winding up of a company this clause provides that the company may be wound up if the company passes a resolution requiring the company to be wound up voluntarily as a result of the expiry of the period for 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 should be dissolved alternatively, the company may be voluntarily wound up by passing a special resolutionclause 280— this clause corresponds to section 488 of the companies act, 1956 and seeks to provide for making declaration of solvency by the company director at least five weeks before the date of passing of resolution to winding up of the company and delivered to the registrar for registration the declaration shall be accompanied by a copy of auditor's report on the profit and loss account and balance sheet of the company and a copy of report by registered valuer on the assets of the company this clause further seeks to provide that where the declaration of the directors proved to be wrong, such directors shall be punishable with imprisonment or with fine or with bothclause 281— this clause corresponds to section 500 of the companies act, 1956 and seeks to provide for calling of meeting of the company and its creditors at which the resolution for the voluntary winding up is to be proposed this clause provides that where two-thirds creditors are of the opinion that the company be wound up voluntarily, it shall be wound up voluntarily and where they pass a resolution that the company be wound up by tribunal, an application be filed with the tribunal the resolution so passed at a creditors meeting is required to be filed with the registrar within ten days of the passing thereofclause 282— this clause corresponds to section 485 of the companies act, 1956 and seeks to provide for publication of resolution to wind up voluntarily by advertisement in the official gazette and also in some newspaper circulating in the district where the registered office or the principal office of the company is situatedclause 283— this clause corresponds to section 486 of the companies act, 1956 and seeks to give effect that the date of commencement of voluntary winding up shall be the date of passing of the resolution for the sameclause 284— this clause corresponds to section 487 of the companies act, 1956 and seeks to restrict the company to carry on the business except to the extent necessary for its beneficial winding upclause 285— this clause corresponds to section 502 of the companies act, 1956 and seeks to provide that in case of voluntary winding up, the company shall appoint a company liquidator in general meeting from panel prepared by the central government in case creditors do not approve the appointment of such company liquidator, creditors shall appoint another company liquidator this clause further seeks to provide for filing of a declaration by such liquidator disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the company and the creditors and such obligation shall continue throughout the term of appointmentclause 286— this clause corresponds to section 492 of the companies act, 1956 and seeks to provide for removal of liquidator by the company or creditor where the appointment has been made by company or creditor respectively this clause also seeks to provide for vacation of office by liquidator and appointment of company liquidator in case of vacancy occuring as a result of death, resignation, removal or otherwiseclause 287— this clause corresponds to section 493 of the companies act, 1956 and seeks to provide for giving of notice to the registrar of the appointment of a company liquidator along with the name and particulars of the company liquidatorclause 288— this clause corresponds to section 491 of the companies act, 1956 and seeks to provide that on the appointment of a company liquidator, all the powers of the board of directors and of the managing or whole-time directors and manager, if any, shall cease, except for the purpose of giving notice of such appointment to the registrarclause 289— this clause corresponds to section 512 of the companies act, 1956 and seeks to provide the powers and duties of a liquidator in a voluntary winding up such as settlement of the list of contributories, call general meetings of the company for the purpose of obtaining the sanction of the company by ordinary or special resolution, maintain regular and proper books of account, pay the debts of the company and shall adjust the rights of the contributories among themselves and observe due care and diligence in the discharge of his dutiesclause 290— this clause corresponds to section 503 of the companies act, 1956 and seeks to provide for appointment of committee by the creditors or by the company in general meeting to supervise the voluntary liquidation and assist the company liquidator in discharging his or its functionsclause 291— this clause corresponds to section 508 of the companies act, 1956 and seeks to provide for submission of quarterly report on progress of winding up of company by the company liquidator the clause further provides that a meeting of the members and the creditors be called as and when necessary but at least one meeting each of creditors and members be held in every quarter and apprise them of the progress of the winding up of the company this clause further seeks to provide punishment with a fine, if the company liquidator fails to comply with the provisions of this clauseclause 292— this clause corresponds to section 519 of the companies act, 1956 and seeks to empower the tribunal to consider the report of the company liquidator and order for investigation, if the report specifies that a fraud has been committed by any person in respect of the company it also seeks for examination and attendance of any person indulging in the promotion or formation or the conduct of business of the companyclause 293— this clause corresponds to section 509 of the companies act, 1956 and seeks to provide for preparation of report by the company liquidator regarding winding up of company showing that the property and assets of the company have been disposed of and its debt are fully discharged or discharged to the satisfaction of the creditors and call a general meeting of the company for the purpose of laying the final winding up accounts before it, and passing of resolution for company's dissolution company liquidator is required to file the report along with copy of the final winding up accounts and resolution passed in the meeting with the registrar it also seeks to provide for filing of application by the liquidator with the tribunal with the request for passing of order dissolving the company and the tribunal shall pass such order within sixty days from the date of receipt of such application it further seeks to provide for filing of the order of tribunal with the registrar within thirty days this clause seeks to cast duty upon the registrar for publication of a notice in the official gazette that the company is dissolvedclause 294—this clause corresponds to section 494 of the companies act, 1956 and seeks to empower the company liquidator of the transferor company to accept shares, etc, by way of compensation wholly or in part for sale of property, etc, of the company where the transferor company is proposed to be wound up voluntarily and the whole or any part of its business or property is proposed to be transferred or sold to the transferee company this clause further seeks to provide that the liquidator may abstain from carrying the resolution into effect or to purchase his interest at a price to be determined by agreement or the registered valuer, where any member of the transferor company did not vote in favour of the special resolution and expresses his dissent in writing addressed to the company liquidator within seven days after passing of the resolution it also seeks to provide that if the company liquidator elects to purchase the member's interest, the purchase money, raised by him in such manner as may be determined by a special resolution, shall be paid before the company is dissolvedclause 295—this clause corresponds to section 511 of the companies act, 1956 and seeks to provide for distribution of property of the company on its winding up in satisfaction of its liabilities pari passu unless the articles of the company otherwise providesclause 296—this clause corresponds to section 517 of the companies act, 1956 and seeks to empower tribunal to amend, vary, confirm or set aside the arrangement entered into between a company and its creditors the arrangement as aforesaid shall be sanctioned by a special resolution and also by the creditors holding three-fourths in value of debtclause 297—this clause corresponds to section 518 of the companies act, 1956 and seeks to allow company liquidator or any contributory or creditor to apply to the tribunal for determination of any question arising in the course of winding up of a company or in respect of the enforcing of calls, the staying of proceedings or any other matter the tribunal may pass an order staying the proceedings in the winding up forthwith to the registrar who shall make a minute of the order in his books relating to the companyclause 298—this clause corresponds to section 520 of the companies act, 1956 and seeks to provide for the payment of all costs, charges and expenses properly incurred in the winding up, including the fee of the company liquidator out of the assets of the company in priority to all other claimsclause 299—this clause corresponds to section 528 of the companies act, 1956 and seeks to provide to admit all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages as proof against the companyclause 300—this clause corresponds to section 529 of the companies act, 1956 and seeks to provide for application of insolvency rules in winding up of insolvent companies with regard to debts, valuation of annuities, etc this clause further seeks to provide that the liquidator shall enforce such charge on the security of secured creditors representing workmen's portion therein any person entitled to any dividend may make his claimclause 301—this clause corresponds to section 529a of the companies act, 1956and seeks to provide that workmen's dues and debts due to secured creditors shall be paid in priority to all other debtsclause 302—this clause corresponds to section 530 of the companies act, 1956 and seeks to provide for payment of various outstanding claims or dues which will be paid in priority of other debts such as all revenues, taxes, cesses due to the central government or state government, all wages as salary for the time work or payable by way of commission, amount due under employees state insurance act and workmen's compensation act, sum due under provident, pension and gratuity fund the debts mentioned in this clause shall be paid in full forthwith if the goods of the company being distain by any person, such debts shall be given first priorityclause 303—this clause corresponds to section 531 of the companies act, 1956 and seeks to empower the tribunal, after satisfying itself, to declare the transaction relating to preference transfer of property, movable or immovable, or any delivery of goods, payment, execution made, taken or done by or against a company within six months before making winding up application as invalid and restore the positionclause 304—this clause corresponds to section 531a of the companies act, 1956and seeks to empower the tribunal to declare any transfer of property, movable or immovable, or any delivery of goods, etc made by a company within a period of one year before the presentation of a petition for winding up, as void against the company liquidator being such transfer was not in good faithclause 305—this clause corresponds to section 532 of the companies act, 1956 and seeks to provide for declaration of any transfer or assignment by a company of all its properties or assets to trustees for the benefit of all its creditors as voidclause 306—this clause corresponds to section 533 of the companies act, 1956 and seeks to provide protection to the creditor of a company which is being wound up and where the creditor or the person preferred has been paid by the company with the fraudulent motive on the part of the company to relieve from liability or reduce the liability of a person who has stood surety or guarantee to the creditor on behalf of the companyclause 307—this clause corresponds to section 534 of the companies act, 1956 and seeks to prohibit companies which are in insolvent condition from creating any floating charges on their assets, with a view to securing past liabilities it also empowers the central government to prescribe by rules regarding the rate of floating chargeclause 308—this clause corresponds to section 535 of the companies act, 1956 and seeks to provide to save an insolvent company's assets from further losses and enable the company liquidator to get rid of onerous property by disclaiming it this clause further seeks to provide the time schedule within which the company liquidator and tribunal are required to complete such actions as necessary the tribunal before or on granting leave to disclaim may require such notices to be given to persons interested and impose such terms and conditions of granting leave, and make such other order in the matter as the tribunal considers justclause 309—this clause corresponds to section 536 of the companies act, 1956 and seeks to empower the company liquidator in voluntary winding up to sanction transfers after winding up and declare any alteration in the status of members of the company made after the commencement of the winding up as void this clause further seeks to provide declaration of any disposition of the property, etc, as void, if the same is made without the order of the tribunal in the case of a winding up by the tribunalclause 310—this clause corresponds to section 537 of the companies act, 1956 and seeks to prohibit any attachment, sale, distress, etc, without leave of the tribunal against the estate or effects of the company, after the commencement of the winding up this clause provides for non-applicability of above provisions to the proceedings for recovery of any tax or impost or any dues payable to the governmentclause 311—this clause corresponds to section 538 of the companies act, 1956 and seeks to provide that if any past or present officer of the company commits certain offences, such as not delivering movable and immovable property of the company, not delivers books and papers of the company, not giving true disclosures, guilty of fraud, etc, shall be punishable with imprisonment or with fine or with both the clause further provides punishment to any person who pawns, pledges or disposes of any property in circumstances which amount to an offence and who takes or otherwise receives the property, knowing it to be pawned, etc, shall be punishable with imprisonment or with fine or with bothclause 312—this clause corresponds to section 540 of the companies act, 1956 and seeks to provide that if any person who is found to have given false pretences or by means of any other fraud, induced any person to give credit to the company, to defraud the creditors, conceal or removed any part of the property is punishable with imprisonment or with fine or with bothclause 313—this clause corresponds to section 541 of the companies act, 1956 and seeks to provide that a company is being wound up should keep proper books of account throughout the period of two years immediately preceding the commencement of the winding upclause 314—this clause corresponds to section 542 of the companies act, 1956 and seeks to provide that for frauds by past or present officers and liability for fraudulent conduct of business is punishable with imprisonment or with fine or with both this clause further seeks to confer power upon tribunal to fix the responsibility of erring directors or officer of the company for fraudulent conduct of businessclause 315—this clause corresponds to section 543 of the companies act, 1956 and seeks to confer power upon the tribunal to assess the damages against delinquent directors, manager, liquidator or officer of the company for misapplication, retainer, misfeasance or breach of trustclause 316—this clause corresponds to section 544 of the companies act, 1956 and seeks to confer power upon the tribunal to extend the liability of partners or directors of the company under clause 314 relating to fraudulent conduct of business or under clause 315 relating to misfeasance or breach of trustclause 317—this clause corresponds to section 545 of the companies act, 1956 and seeks to empower the tribunal to prosecute the delinquent officers and members of the company for being guilty of offence in relation to the companyclause 318—this clause corresponds to section 546 of the companies act, 1956 and seeks to provide that the company liquidator shall exercise general powers of winding up of the company's affairs relating to compromising, setting, and collecting debts and paying out claims etc, subject to the sanction of the tribunalclause 319—this clause corresponds to section 547 of the companies act, 1956 and seeks to provide that in case of every invoice, business letters, etc, issued by the company after the winding up of the company shall contain a statement that the company is wound upclause 320—this clause corresponds to section 548 of the companies act, 1956 and seeks to provide that the books and papers of the company be prima facie evidence of the truth of all matters purporting to be recorded therein, in case a company is wound upclause 321—this clause corresponds to section 549 of the companies act, 1956 and seeks to provide for inspection of books and papers relating to winding up of a company by the creditors and contributories it finally provides that the above provisions shall not exclude or restrict any right conferred by any law on the central government or state government or any officer or authority of the governmentclause 322—this clause corresponds to section 550 of the companies act, 1956 and seeks to provide for disposal of books and papers after the affairs of a company have been completely wound up and it is about to be dissolved it further provides that no responsibility shall be imposed upon regarding the books and papers after expiry of five years from the dissolution of the company it also seeks to empower the central government to prescribe by rules the period, form and manner of retention of such books and papers of company which has been wound upclause 323—this clause corresponds to section 551 of the companies act, 1956 and seeks to provide for furnishing of information or statement where the winding up of a company is not concluded within one year after its commencement and duly audited by a person qualified to act as auditor of the company, within two months after the expiry of the year such statement shall be filed periodically it also seeks to empower the central government to prescribe by rules such form and manner in which the statement is to be filed by the company liquidatorclause 324—this clause corresponds to section 552 of the companies act, 1956 and seeks to provide for making payments into the public accounts of india in the reserve bank of india by the official liquidatorclause 325—this clause corresponds to section 553 of the companies act, 1956 and seeks to provide that the company liquidator shall make payments into a scheduled bank and credit it into a special bank account known as the company liquidation account opened by him of the monies received by him as liquidator the clause finally provide for payment of interest and penalty, in case, of the liquidators retains any specified sum for more than the prescribed periodclause 326—this clause corresponds to section 554 of the companies act, 1956 and seeks to provide that the funds of the company in winding up shall not be kept in private sector banksclause 327—this clause corresponds to section 555 of the companies act, 1956 and seeks to provide that unpaid dividends and undistributed assets of the companies being wound up which are in the hands of the liquidator shall be paid by the liquidator into the company liquidation dividend and undistributed assets account the clause also seeks to provide that the above provisions shall also be applied in case of dissolution of a company it also seeks to provide that the liquidator shall forthwith furnish a statement to the central government this clause also seeks to provide that the liquidator shall be given a receipt from the reserve bank of india for the money paid by him this clause also seeks to provide that the tribunal may pass an order for the payment of required sum to the claimant out of the said accountclause 328—this clause corresponds to section 556 of the companies act, 1956 and seeks to provide that if the company liquidator fails to make good the defaults committed by him within fourteen days from the date of service of notice on him the tribunal may make an order to make good the default on request by any creditor, contributory, etcclause 329—this clause corresponds to section 557 of the companies act, 1956 and seeks to empower the tribunal, in all matters relating to winding up of a company, to ascertain the wishes of creditors or contributories by calling their meetingsclause 330—this clause corresponds to section 558 of the companies act, 1956 and seeks to provide for filing affidavit before any court, tribunal, judge or person lawfully authorised to receive affidavits in india and in any other country, as the case may beclause 331—this clause corresponds to section 559 of the companies act, 1956 and seeks to empower the tribunal to declare dissolution of company void on an application made by the company liquidator of the company or by any other person at any time within two years from the date of dissolution it also seeks to provide for filing of order of the tribunal, with the registrar who shall register the same and if such person fails so to do, he shall be punishable with fineclause 332—this clause corresponds to section 441 of the companies act, 1956 and seeks to provide that where before the presentation of petition for winding up by tribunal, a resolution for voluntary winding up has been passed, the proceedings of voluntary winding up of a company shall commence from the date of passing of the resolution, unless the tribunal, on proof of fraud or mistake, thinks otherwise it also seeks to provide that in any other case, the winding up of a company by the tribunal shall be deemed to commence at the time of the presentation of the petition for the winding upclause 333—this clause corresponds to section 458a of the companies act, 1956and seeks to provide that while computing the period of limitation specified for any suit or application in the name and on behalf of a company which is being wound up by the tribunal, the period from the date of commencement of the winding up of the company to a period of one year immediately following the date of the winding up order shall be excludedclause 334—this is a new clause which seeks to empower the central government for appointment of as many official liquidators as it may consider necessary and may also appoint joint, deputy or assistant official liquidators to assist him in discharge of his functions in relation to the winding up of companies by the tribunal it also seeks to provide that the salary and allowances to the official liquidator, etc, shall be paid by the central governmentclause 335—this clause corresponds to section 457 of the companies act, 1956 and seeks to provide for the powers and duties of the official liquidator the official liquidator shall exercise powers such as conducting inquiries or investigations, maintaining information and records, etc, of the companies under winding upclause 336—this is a new clause which seeks to provide for winding up of company having assets of book value not exceeding one crore rupees through summary procedure this clause also seeks to empower the tribunal to appoint official liquidator as the liquidator of the company, who shall submit a report to the tribunal indicating whether any fraud has been committed in promotion, formation or management of affairs of the company it also seeks to provide that the tribunal if satisfied that fraud has been committed, may order for the investigation of the affairs of the company the clause finally provides that the tribunal may order for the winding up of the company after considering the investigation reportclause 337—this is a new clause which seeks to provide that the official liquidator shall dispose of all the assets and collect the amount payable to the company from the debtors and contributories it also seeks to provide that the official liquidator shall deposit the amount recovered into the public account of india in the reserve bank of indiaclause 338—this is a new clause which seeks to provide for settlement of claims of creditors by the official liquidatorclause 339—this is a new clause which seeks to provide that any creditor aggrieved by the decision of the official liquidator may apply to the tribunal who shall either dismiss the application or modify order of official liquidator if the claim has been accepted, the official liquidator shall make payment to the creditorsclause 340—this is a new clause which seeks to provide for submission of final report to the tribunal by the official liquidator when he is satisfied that the company can be finally wound up the tribunal shall on receiving the report order for the dissolution of the company after the order is passed, the registrar shall strike off the name of the company from the register of companies and a notification to this effect be published in the official gazetteclause 341—this clause corresponds to section 591 of the companies act, 1956 and seeks to provide that where not less than 50 per cent of the paid up capital of foreign company is held by one or more citizens of india or one or more companies incorporated in india or by one or more citizens and one or more companies of india, such company shall comply with provisions as if it were a company incorporated in indiaclause 342—this clause corresponds to sections 592 and 593 of the companies act,1956 and seeks to provide the documents which every foreign company shall deliver to the registrar for registration after the establishment of their place of business in india it also seeks to provide that if any alterations are made or occur in the documents, the foreign company shall deliver a return in this regard to the registrarclause 343—this clause corresponds to section 594 of the companies act, 1956 and seeks to provide that every foreign company shall, in every calendar year prepare a balance sheet and profit and loss account and shall lay before the company in general meeting and deliver a copy of such documents to the registrar in case such document is not in english, a certified translation thereof in english shall also be filed further every foreign company shall also file a list of the places of business in india as at the date of its balance sheetclause 344—this clause corresponds to section 595 of the companies act, 1956 and seeks to provide that every foreign company shall exhibit on the outside of every office or place where it carries on business in india, the name of the company and the country in which it is incorporated, in english and in local languages in general use in the locality in which the office or place is situated the foreign company will write its name, liability of its members and name of the country in which it is incorporated in legible english characters in all business letters, billheads, letter paper, and prospectus, etcclause 345—this clause corresponds to section 596 of the companies act, 1956 and seeks to provide the manner in which documents which are required to be served on a foreign company shall be deemed to be sufficiently servedclause 346—this clause corresponds to section 600 of the companies act, 1956 and seeks to provide that the provisions relating to issue of debentures, preparation and filing of annual return, preparation of books of account and manner in which they may be kept, registration of charges and inspection and investigation of books of account shall apply mutatis mutandis to a foreign companyclause 347—this clause corresponds to section 601 of the companies act, 1956 and seeks to provide the fee which a foreign company will have to pay to the registrar for registering any documentclause 348—this clause corresponds to section 602 of the companies act, 1956 and seeks to define the expressions "certified", "director" and "place of business" for foreign companiesclause 349—this clause corresponds to section 603 of the companies act, 1956 and seeks to provide the guidelines for issue of prospectus in india offering to subscribe for securities of a company incorporated outside india the condition requiring or binding an applicant for securities to waive compliance with any requirement shall be treated as void this clause further provides that in case of non-compliance, a director or other person responsible for issue of prospectus shall not incur any liability by reason of non-compliance or contravention if it is proved that he had no knowledge or contravention was an honest mistake of fact this section shall not apply in case the prospectus is issued to existing members or debenture holders of a companyclause 350—this clause corresponds to section 604 of the companies act, 1956 and seeks to provide that if the prospectus includes a statement purporting to be made by an expert, such statement must be included in the prospectus in the form and context in which it is included and there does not appear in the prospectus, a statement that he has given and has not withdrawn his consentclause 351—this clause corresponds to section 605 of the companies act, 1956 and seeks to provide that a copy of the prospectus of a company incorporated or to be incorporated outside india certified by the chairman and two other directors of the company as having been approved by resolution of the managing body has to be delivered to the registrar for registration along with the required documentsclause 352—this clause corresponds to section 605a of the companies act, 1956and seeks to provide rules applicable for the offer of indian depository receipts, the requirement of disclosures in prospectus or letter of offer issued in connection with indian depository receipts, the manner in which the indian depository receipts shall be dealt with in a depository mode and by custodian and underwriters; and the manner of sale, transfer or transmission of indian depository receipts by a company incorporated or to be incorporated outside indiaclause 353—this clause corresponds to sections 606 and 607 of the companies act,1956 and seeks to provide that the provisions relating to criminal and civil liability for misstatement in a prospectus, fraudulently inducing persons to invest money shall apply to the issue of a prospectus by a company incorporated or to be incorporated outside indiaclause 354—this clause corresponds to section 598 of the companies act, 1956 and seeks to provide that where a company fails to comply with any of the provisions relating to companies incorporated outside india, the company shall be punishable with fineclause 355—this clause corresponds to section 599 of the companies act, 1956 and seeks to provide that any failure by a company to comply with the provisions of the chapter relating to companies incorporated outside india shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability to be sued in respect thereof however, the company will not be entitled to bring any suit, claim, set-off, etc, until it has complied with the provisions of this chapterclause 356—this clause corresponds to section 619a of the companies act, 1956and seeks to provide that where the central government is a member of a government company, it shall arrange to prepare an annual report on the working and affairs of the company along with audit report and comments of comptroller and auditor general and laid before both houses of parliament it also seeks to provide that where a state government is a member of a government company, it shall also prepare an annual report along with aforesaid enclosures and laid before both the houses of the state legislatureclause 357—this clause corresponds to section 620 of the companies act, 1956 and seeks to provide that the central government, may notify any provisions of this act which shall not be applicable or shall apply with modification to any government company this clause further seeks to provide that such notification shall be laid in draft before each house of parliament before it is so notified and shall be subject to modification by both the housesclause 358—this clause corresponds to section 609 of the companies act, 1956 and seeks to provide that for the purpose of registration of companies, the central government shall establish such number of offices at such places and with such jurisdiction as it thinks fit it further seeks to provide that the central government may appoint a director general of registration, such number of registrars, additional, joint, deputy and assistant registrars as it considers necessary for the registration of companies this clause also provides for the terms and conditions of service, including the salaries payable to persons aforesaid it finally provides that the central government may direct the preparation of seal or seals for authentication of documents required in connection with the registration of companiesclause 359—this clause corresponds to section 610a of the companies act, 1956and seeks to permit companies to file returns and documents on paper or in electronic form or stored on any electronic data storage device or computer readable media by the registrar and further seeks to provide that such filings shall also be deemed to be a document for the purposes of this act and shall be admissible as evidence in any proceedings thereunderclause 360—this clause corresponds to section 610b of the companies act, 1956and seeks to empower the central government to make rules in regard to filing of various applications, documents, returns, etc, service or delivery of any document, notice or communication, etc, maintenance of various applications, documents and returns filed, manner of inspection of the various documents, payment of fees, charges or other sums payable in the electronic form and the manner in which various registry functions viz alteration of memorandum, articles, prospectus, issuing certificate of incorporation, etc, shall be performed by registrar in electronic form this clause also seeks to provide that the central government may notify a scheme to carry out the provisions of this clauseclause 361—this is a new clause and seeks to provide that the central government may provide that the electronic form shall be exclusive, or in the alternative or in addition to the physical formclause 362—this clause corresponds to section 610d of the companies act, 1956and seeks to provide that the central government may provide such value added services through the electronic form and levy fee thereonclause 363—this clause corresponds to section 610e of the companies act, 1956and seeks to provide that all the provisions of the information technology act, 2000 relating to the electronic records, shall apply in relation to the records in electronic form as specified under this actclause 364—this clause corresponds to section 611 of the companies act, 1956 and seeks to provide that any document to be filed, registered or recorded under this act shall be on payment of fee and chargesclause 365—this clause corresponds to section 612 of the companies act, 1956 and seeks to provide that all fees, charges and other sums received by any registrar, additional, joint, deputy, or assistant registrar, or any other officer of the central government shall be paid into the public account of india in the reserve bank of indiaclause 366—this clause corresponds to section 615 of the companies act, 1956 and seeks to provide that the central government may order any company, to furnish such information or statistics with regard to its constitution or working, within specified time such an order shall be published in the official gazette this clause further seeks to provide that the central government for the purpose of satisfying itself may order such company to produce such records or documents or allow inspection thereof or furnish such further information as that government may consider necessary this clause also seeks to provide that where a foreign company carries on business in india, all the references in this section shall be applicable to the foreign company as wellclause 367—this clause corresponds to section 620a of the companies act, 1956and seeks to provide that the central government may notify a company to be a nidhi company the central government may also notify the provisions of this act which shall not apply or shall to a nidhi company this clause finally provides that the notification shall be laid before each house of parliamentclause 368—this clause corresponds to section 10fd and 10fr of the companies act, 1956 and seeks to provide definitions of chairperson, judicial members, member, president, technical member in appellate tribunal and tribunalclause 369—this clause corresponds to section 10fb of the companies act, 1956and seeks to deal with the constitution of national company law tribunal (nclt) the nclt shall consist of president and such number of judicial and technical members as central government may deem necessaryclause 370—this clause corresponds to section 10fd of the companies act, 1956and seeks to provide the qualifications of president and members of the tribunalclause 371—this clause corresponds to section 10fr of the companies act, 1956and seeks to deal with the formation of the national company law appellate tribunal (ncalt) consisting of chairperson and judicial and technical members which shall not exceed elevenclause 372—this clause corresponds to section 10fr of the companies act, 1956and seeks to provide that chairperson of nclat shall be a judge of supreme court or chief justice of high court, the judicial member shall be a judge of high court or judicial member of tribunal for 5 years the technical member shall be a person having atleast experience of 25 years in banking, management, economics, etcclause 373— this clause corresponds to section 10fx of the companies act, 1956and seeks to provide that president of the tribunal and chairperson or the judicial members of the appellate tribunal shall be appointed after consultation with chief justice of india members of the tribunal and technical member of the appellate tribunal shall be appointed on the recommendations of a selection committee consisting of chief justice of india or his nominee, secretary in the ministry of corporate affairs as convener of selection committee, secretary in the ministry of law and justice and two other secretaries of the government of india to be nominated by the central governmentclause 374— this clause corresponds to sections 10fe and 10ft of the companies act, 1956 and seeks to provide the terms of office of president, chairperson and members of the tribunal or appellate tribunalclause 375— this clause corresponds to sections 10fg and 10fw of the companies act, 1956 and seeks to provide the salary, allowances and other terms and conditions of service of members of the tribunal or appellate tribunalclause 376— this clause corresponds to sections 10fh and10fs of the companies act, 1956 and seeks to provide that in the event of death, resignation, absence, etc, of the president or chairperson, the senior-most member of the tribunal or appellate tribunal shall discharge the duties of president or chairperson, as the case may beclause 377— this clause corresponds to sections 10fi and 10fu of the companies act, 1956 and seeks to deal with the resignation of president, chairperson, members it provides that president, chairperson or member may address his resignation to the central governmentclause 378— this clause corresponds to sections 10fj and 10fv of the companies act, 1956 and seeks to provide the grounds for removal of the chairperson or president or members of the appellate tribunal or tribunal by the central government in consultation with the chief justice of india it provides removal on the ground of insolvency, conviction of offence involving moral turpitude, on being mentally or physically incapable, etc the central government in consultation with the supreme court will regulate the procedure for the inquiry, if any, of the alleged misbehaviour of the membersclause 379— this clause corresponds to sections 10fk and 10ga of the companies act, 1956 and seeks to deal with the staff of the tribunal and appellate tribunal it provides that the central government in consultation with tribunal and appellate tribunal provide the officers and staff of the tribunal or appellate tribunal who shall discharge their function under the superintendence and control of the chairperson or president or members, as the case may beclause 380— this clause corresponds to section 10fl of the companies act, 1956and seeks to deal with the number of benches of the tribunal it provides that the principal bench shall be at new delhi further, it provides that powers of the principal bench shall be exercised by two members and a single member may also function as a bench in certain cases the president may for disposal of the case(s) relating to rehabilitation, restructuring or reviving the winding up of companies may constitute special benches consisting of three or more members lastly, in case of difference of opinion, matter shall be decided by the majorityclause 381 - this clause corresponds to section 10fm of the companies act, 1956and seeks to deal with orders passed by the tribunal it provides that the tribunal may rectify any mistake within two years from the date of order this clause further provides that a copy of each order shall be sent to all the concerned parties by the tribunalclause 382— this clause corresponds to section 10fq of the companies act, 1956and seeks to deal with appeal against the order of the tribunal in the appellate tribunal it provides that appeal may be filed within 45 days from the date of order and in case appellate tribunal is satisfied that delay is justified then further period of 45 days is allowed the appellate tribunal after according an opportunity of hearing may confirm, modify or set aside order of the tribunal and provide copy of order to the tribunal and parties to appealclause 383—this is a new clause which deals with expeditious disposal of cases before tribunal or appellate tribunal it provides that the tribunal or the appellate tribunal shall make every effort to dispose of cases within three months from the date of commencement of proceedings before tribunal or filing of appeal before appellate tribunalclause 384— this clause corresponds to section 10gf of the companies act, 1956and seeks to provide that an appeal against the order of the appellate tribunal shall be filed before the supreme court within sixty days and in case of justified delay within a further period of sixty days only on any question of law arising from such an orderclause 385— this clause corresponds to section 10fza of the companies act, 1956and seeks to deal with the procedure to be adopted by the tribunal or appellate tribunal to dispose of any proceeding it provides that tribunal or appellate tribunal shall not follow the code of civil procedure, 1908 but would be guided by the principles of natural justice the tribunal or the appellate tribunal may regulate their own procedure however, while discharging their functions, it would have the power vested with the civil court in respect of any suit for summoning and enforcing the attendance of any person, examining him on oath, etc orders passed by it shall be enforced as a decree passed by the court and may be sent for execution to the court under whose jurisdiction, the company or the person, as the case may be, has registered office or resides respectivelyclause 386— this clause corresponds to section 10g of the companies act, 1956 and seeks to provide that the tribunal or the appellate tribunal shall have the same powers of contempt as that of high court under the provisions of the contempt of courts act, 1971clause 387— this clause deals with delegation of powers it provides that the tribunal or the appellate tribunal may by general or special order authorise any person to inquire into the matter connected with any proceeding and report to itclause 388— this clause corresponds to section 10fy of the companies act, 1956and seeks to provide that the president, chairperson, members, officers and employees of the tribunal and the appellate tribunal shall be treated as public servants within the meaning of section 21 of the indian penal codeclause 389— this clause corresponds to section 10fz of the companies act, 1956and seeks to deal with the protection of action taken in good faith by the president, chairperson, members, officers, etc, of the tribunal or appellate tribunalclause 390—this clause corresponds to section 10fp of the companies act, 1956and seeks to deal with the power to take the assistance of chief metropolitan magistrate, chief judicial magistrate or the district collector by the tribunal for taking into custody all property, books of account, etc the above acts shall not be questioned in any court or before any authority in case of a sick company or winding up of any companyclause 391— this clause corresponds to section 10gb of the companies act, 1956this clause deals with exclusive jurisdiction of the tribunal or the appellate tribunal and provides that no civil court shall have jurisdiction in respect of any matters that are assigned to the tribunal or the appellate tribunalclause 392— this clause corresponds to section 10gc of the companies act, 1956and seeks to provide that proceedings of the tribunal or appellate tribunal shall not be invalid merely on the ground of existence of any vacancy or defect in its constitutionclause 393 - this clause corresponds to section 10gd of the companies act, 1956and seeks to provide that a party to the proceeding may appear in person or authorise a chartered accountant, cost accountant, company secretary or legal practitioners to present the case before the tribunal or the appellate tribunalclause 394 - this clause corresponds to section 10ge of the companies act, 1956and seeks to provide that provisions of the limitations act, 1963 shall apply to the proceedings before the tribunal or the appellate tribunalclause 395 - this clause corresponds to sections 10fa and 647a of the companies act, 1956 and seeks to provide that on formation of tribunal, all matters pending before clb shall stand transferred to the tribunal similarly, all proceedings relating to compromise, arrangements and reconstruction and winding up of the companies pending before district courts and high courts shall be transferred to the tribunal except winding up proceedings pending before district courts or high courtsclause 396 - this is a new clause which deals with the establishment of special courts by the central government in consultation with the chief justice of the high court within whose jurisdiction the judge is to be appointed it further provides that person so appointed as judge of special court shall be one who immediately before such appointment was a session judge or an additional sessions judgeclause 397— this is a new clause which seeks to provide that all offences under this act shall be triable by the special courts however, where an accused is produced before magistrate, the magistrate may order detention of such person and if he considers the detention unnecessary, he shall forward the case to the special court the special court would have the liberty to try summary proceedings for offences punishable with imprisonment for a term not exceeding three years although it may order for the regular trialclause 398— this is a new clause which seeks to deals with appeal and revision it provides that high courts shall have the power of appeal or revision as if special courts were court of session trying cases within the local limits of the jurisdiction of the high courtclause 399— this is a new clause which deals with application of code to the proceedings before the special court it provides that special court shall be deemed to be a court of session and the provisions of the code of criminal procedure, 1973 shall apply to the special courtclause 400 - this clause corresponds to some of the provisions of sections 621 to631 of the companies act, 1956 and seeks to provide that every offence punishable under this act shall be non-cognizable court shall take cognizance only on complaint made by registrar, shareholder of the company of a person authorised by central governmentclause 401— this is a new clause which deals with transitional power it provides that till such time special courts are established the existing court of session will continue to exercise jurisdiction however, it will not affect the powers of high court to transfer any caseclause 402 - this clause corresponds to section 621a of the companies act, 1956and seeks to provide that any offence which is not punishable with imprisonment only or imprisonment and also with fine may be compounded by the aggrieved personclause 403— this clause corresponds to section 624a of the companies act, 1956and seeks to provide that the central governments may appoint any number of company prosecutors who shall have the same powers and privileges as that of public prosecutorclause 404— this clause corresponds to section 624b of the companies act, 1956and seeks to provide that the central government shall have the power to direct the company prosecutor or authorise any other person to appeal against the order of acquittal passed by any court, other than a high courtclause 405 - this is a new clause which deals with compensation for accusation without reasonable cause before the special court or court of sessionclause 406— this clause corresponds to section 626 of the companies act, 1956 and seeks to provide that any fine imposed or any part thereof may be applied towards payment of cost of proceedings or towards payment of reward to person on whose information the proceedings were institutedclause 407— this clause corresponds to section 628 of the companies act, 1956 and seeks to deal with penalty for false statement it provides that if in any return, report, etc, any person who makes a false statement or omits material facts, shall be punishable with imprisonment and with fineclause 408— this clause corresponds to section 629 of the companies act, 1956 and seeks to provide that in case of giving false evidence, the concerned person shall be liable to imprisonment and fineclause 409 - this clause corresponds to section 629a of the companies act, 1956and seeks to provide penalty where no specific penalty is provided elsewhere in the companies actclause 410— this clause seeks to provide that if any default is repeated, it shall be punishable with imprisonment as provided and twice the amount of fine for such defaultclause 411— this clause corresponds to section 630 of the companies act, 1956 and seeks to provide penalty for wrongful procession or holding of the property of the company by any officer or employee of companyclause 412— this clause corresponds to section 631 of the companies act, 1956 and seeks to provide punishment for improper use of the title words, 'limited', 'private limited' or 'opc limited'clause 413— this is a new clause which provides that central government may appoint adjudicating officers for adjudging penalty under the provision of this act the company or officer shall be given an opportunity to be heard before imposing any penalty aggrieved person may appeal to regional director any person not paying penalty shall be punished with imprisonment or fine or with bothclause 414— this is a new clause and seeks to deal with dormant company it provides that a dormant company shall be one which has not been carrying any business or has not made any significant accounting transaction in the last two financial years such a company may make an application to registrar for obtaining the status of a dormant companythe registrar shall maintain the register of dormant company, which shall keep the minimum number of directors and pay annual fees this clause further provides that in case of a company which has not filed balance sheet, profit and loss account or annual return for two financial years, the registrar shall enter the name in the register maintained for dormant company however, if the dormant company fails to comply with the requirements of this clause then the registrar shall have the power to strike off its nameclause 415— this clause seeks to provide that no suit, prosecution or other legal proceedings shall lie against the government or any other person authorised by the government for acts done or intended to be done in good faithclause 416— this clause corresponds to section 635aa of the companies act, 1956and seeks to provide that no official shall be compelled to disclose to any court, tribunal or other authority the source of any information which has lead to an order of investigation into the affairs of the companyclause 417— this clause corresponds to section 637 of the companies act, 1956 and seeks to empower the central government to delegate any of its powers or functions to any authority or officer by notification it provides that any power can be delegated other than power to make rules it further provides that a copy of notification shall be placed before both the houses of parliamentclause 418— this clause corresponds to section 637a of the companies act, 1956and seeks to provide that while according approval, sanction, consent, confirmation etc, giving directions or granting exemptions the central government or the tribunal may impose such conditions or restrictions as it think fit subject to the payment of feeclause 419— this clause corresponds to section 637b of the companies act, 1956and seeks to provide that whenever any application is to be made to central government or any document is required to be filed with registrar within specified time, the central government may, after recording the reasons for delay condone the delayclause 420— this clause corresponds to section 638 of the companies act, 1956 and seeks to provide that the central government shall prepare annual report on the working of the act and laid before both the houses of parliamentclause 421— this clause seeks to provide that in case of one person company or small company the central government may by notification exempt the compliance of certain provisions however, a copy of draft notification shall be laid before both the house of parliamentclause 422— this clause corresponds to section 11 of the companies act, 1956 and seeks to provide that the number of persons in any association or partnership shall not exceed one hundred this clause further provides that the above restriction shall not apply to an association or partnership, constituted by professionals the provision shall not apply to hindu undivided familyclause 423— this clause deals with repealing of companies act, 1956 and registration of companies (sikkim) act, 1961 however, the provisions relating to producer companies shall be applicable mutatis mutandis as if companies act has not been repealed it further provides that till the formation of tribunal and appellate tribunal, the provisions of companies act, 1956 with regard to company law board shall continue to applyclause 424— this clause corresponds to section 10fa of the companies act, 1956and seeks to provide that on the constitution of the tribunal and appellate tribunal, the company law board shall stand dissolved it provides that consequent upon formation of the tribunal or appellate tribunal, the persons holding the office of chairman, vice-chairman or members shall stand vacated without any compensation for premature termination further, the officials on deputation shall be reverted to their parent cadre and the officials of the board shall become officials of the central government with the same rights and privilegesclause 425— this is a new clause which seeks to provide that central government may remove any difficulties which may arise in giving effect to the provisions within three years of commencement of the act by publishing it in the official gazette and laying before each house of parliamentclause 426— this clause corresponds to section 642 of the companies act, 1956 and seeks to provide that the central government shall have the power to make rules every rule made under this clause shall be laid before both the houses of the parliament financial memorandumclause 112 provides for establishment of investor education and protection fund for promotion of investor awareness and protection to carry out the objectives of the fund, the central government shall constitute an authority with such members but not exceeding seven, as the central government may appoint, to administer the fund this clause is similar to section 205c of the companies act, 1956 (hereinafter referred to as the existing act)clause 118 provides for constitution of national advisory committee on accounting and auditing standards (nacaas) to advise the central government on the formulation and laying down of accounting and auditing policies and accounting and auditing standards for adoption by companies or their auditors the members of the advisory committee shall be entitled to such fees, travelling, conveyance and other allowances as may be prescribed in the rules this clause is similar to section 210a of the existing actclause 183 of the bill empowers the central government to appoint inspectors to investigate the affairs of companies clause 195 of the bill empowers the central government to prosecute the offenders on the basis of the report of the investigation the expenses on investigation, under certain circumstances are to be initially defrayed by the central government out of the moneys provided by the parliament and are ultimately recoverable from the persons concerned clause 179 empowers the registrars and the officers authorised by the central government to inspect the books of account of companies these clauses are similar to the provisions of section 235, 242 and 209a of the existing actclause 244 empowers the central government to appoint an independent administrator to manage the rehabilitation and insolvency fund this clause is similar to sections 441a to 441d of the companies act, 1956 with some modificationsclause 334 empowers central government to appoint official liquidators including joint, deputy or assistant official liquidators who are to be the whole time officers of the central governemnt, ie, whose salary shall be paid by central government clause 334 is similar to the provisions of section 448 of the existing actclause 358 of the bill empowers the central government to set up registration offices to appoint a director-general of registration and registrars, additional, joint and assistant registrars and to fix their salaries clause 358 is similar to the provisions of section 609 of the existing actclauses 369 , 371 and 375 of the bill provide for the constitution of the national company law tribunal and national company law appellate tribunal respectively these clauses are similar to sections 10fb to 10 fg and 10fr to 10 fx of the companies act, 1956 for establishment of these institutions, the funds are already being provided by the parliamentclause 396 of the bill empowers the central government to establish, by notification, such number of special courts as may be necessary for the purpose of providing speedy trial of offences under the proposed legislation the intention under this clause is to designate specified judge or judges from existing judicial set up to adjudicate on offences under the proposed billclause 403 of the bill empowers the central government to appoint company prosecutors for the conduct of prosecutions arising out of the proposed legislation the company prosecutors already appointed under the existing act will continue to function under the proposed legislationclause 413 of the bill provides for appointment of adjudicating officers to impose penalties for procedural non-compliance the existing officers shall be notified as 'adjudicating officers'the expenditure on an authority to administer investor education and protection fund, national advisory committee on accounting and auditing standards, inspecting officers, administrator to manage the rehabilitation and insolvency fund, appointment of whole time official liquidators (including joint, deputy or assistant official liquidators), setting up of registration offices, appoitment of director-general of registration and registrars, additional, joint and assistant registrars, constitution of national company law tribunal and national company law appellate tribunal, special courts, appointment of adjudicating officers and appointment of company prosecutors will be met out of the existing budgetary allocations of the ministry of corporate affairsthe bill, therefore, will not involve any additional expenditure of recurring or non recurring nature memorandum regarding delegated legislationitem (a) of sub-clause (1) of clause (2) proposes to empower the central government to prescribe the salient features of a prospectus to be contained in abridged prospectussub-item (iv) of item (m) of sub-clause (1) of clause (2) proposes to empower the central government to prescribe items of costs for a class of companies specified under section 131sub-item (i) of item (zzzg) of sub-clause (1) of clause 2 proposes to empower the central government to prescribe the amount of paid-up share capital for being a small company which shall not be more than five crore rupeessub-item (ii) of item (zzzg) of sub-clause (1) of clause 2 proposes to empower the central government to prescribe the amount of turnover which shall not be more than twenty crore rupees for being a small companysub-clause (1) of clause 3 proposes to empower the central government to prescribe the manner in which the name of subscriber to a memorandum of a company shall be given for complying with the requirements for registering a company under the actsecond proviso to sub-clause (1) of clause 3 proposes to empower the central government to prescribe time and form for intimation by the sole member of a one person company for change of name of his successor to the registrar of companiessub-clause (1) of clause 4 proposes to empower the central government to prescribe the manner and conditions for issuing licence to a company to be formed for charitable objects, etcitem (b) of sub-clause (3) of clause 5 proposes to empower the central government to prescribe words on expressions which can be a part of name of a company only with the previous approval of the central governmentsub-clause (4) of clause 5 proposes to empower the central government to prescribe the form, manner and fees required for making an application to registrar for keeping a name reserved by a companysub-clause (5) of clause 5 proposes to empower the central government to prescribe the fee required for serving the name for a further period of sixty dayssub-clause (6) of clause 5 proposes to empower the central government to prescribe the form of memorandum of association of a companysub-clause (2) of clause 6 proposes to empower the central government to prescribe the matters to be contained in article of association of a companysub-clause (6) of clause 6 proposes to empower the central government to prescribe model articles for different types of companiesitem (a) of sub-clause (1) of clause 7 proposes to empower the central government to prescribe the manner in which a memorandum is to be signed by all subscribersitem (b) of sub-clause (1) of clause 7 proposes to empower the central government to prescribe form of declaration in which an advocate, chartered accountant, cost accountant or company secretary or director, manager, etc, engaged in the formation of a company, shall declare that all requirements of the act and rules in respect of registration and the matters precedent or incidental thereto have been complied withitem (e) of sub-clause (1) of clause 7 proposes to empower the central government to prescribe the items for proof of identity of a subscriber to the memorandum of a companyitem (f) of sub-clause (1) of clause 7 proposes to empower the central government to prescribe the particulars regarding proof of identity of a person who has been mentioned as first director in the articles of the companyitem (g) of sub-clause (1) of clause 7 proposes to empower the central government to prescribe the form and manner in which the interests of first directors of a company in other firms or bodies corporate are to be furnished/disclosed along with their consent to act as directorsub-clause (2) of clause 7 proposes to empower the central government to prescribe the form for certificate of incorporation to be issued by the registraritem (a) sub-clause (1) of clause 10 proposes to empower the central government to prescribe a form of declaration and manner of its verification to be filed by a director or subscriber in respect of payment of value of shares for which they have agreed as their subscriptionitem (b) of sub-clause (1) of clause 10 proposes to empower the central government to prescribe the manner in which verification of registered office shall be furnished to the registrarsub-clause (2) of clause 11 proposes to empower the central government to prescribe the manner in which the verification of the company's registered office is to be madeitem (d) of sub-clause (3) of clause 11 proposes to empower the central government to prescribe the documents on which the company is to get its name printedsub-clause (4) of clause 11 proposes to empower the central government to prescribe the manner for verification of change in the situation of the company's registered officeproviso of sub-clause (6) of clause 12 proposes to empower the central government to prescribe time and manner in which the company has to file the order of the central government approving the alteration involving transfer of registered office of a company from one state to another with the registrar of each statesub-clause (2) of clause 13 proposes to empower the central government to prescribe the manner in which copy of altered articles of association are to be filed with the registrarsub-clause (1) of clause 16 proposes to empower the central government to prescribe fee, which members are required to pay to the company for sending a copy of the memorandum, articles, agreements and resolutions referred to in clause 106, on his requestsub-clause (1) of clause 19 proposes to empower the central government to prescribe the electronic modes and other modes in which the documents can be served on a company or an officer thereofsub-clause (2) of clause 19 proposes to empower the central government to prescribe the electronic modes and other modes in which the documents can be served to the registrar or any member of the companysub-item (i) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe such other persons whose names, etc, are to be given in prospectussub-item (ii) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe time for issue of allotment letters and refunds, etc, relating to issue of securitiessub-item (iii) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribed manner of disclosure about details of monies, ie utilised and unutilised out of issuesub-item (v) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe the other persons whose consent is required for issue of prospectussub-item (viii) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe capital structure of the company, in prospectussub-item (ix) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe particulars of the terms of the present issue, in prospectussub-item (xiii) of item (a) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe details of directors, proposed directors including their appointments and remuneration and extent of their interests in the company, in prospectussub-item (i) of item (b) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe this in addition to reports of the auditor of the company with respect to profit, loss, assets and liabilities of the company, in prospectus sub-item (ii) of item (b) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe matters relating to company's subsidiaries, in prospectussub-item (iii) of item (b) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe the manner in which reports are to be made by the auditors for last five financial years in prospectusitem (d) of sub-clause (1) of clause 23 proposes to empower the central government to prescribe matters and reports to be included in prospectus issued by a company in addition to information required under this sectionsecond proviso of sub-section (2) of section 24, empower the central government to notify public financial institutions on non-banking financial companies to whom first proviso shall not applysub-clause (2) of clause 26 proposes to empower the central government to prescribe changes, which have occurred in the first offer of the security and the succeeding offer of securities to be included in information memorandumsub-clause (3) of clause 34 proposes to empower the central government to prescribe the manner and time within which the minimum amount has not been subscribed within a period of one hundred and twenty days from the date of issue of prospectussub-clause (4) of clause 34 proposes to empower the central government to prescribe the manner in which a return of allotment has to be filed with the registrar by companiesitem (b) of sub-clause (3) of clause 35 proposes to empower the central government to prescribe time, in which the monies received from applicant in pursuance of the prospectus, has to be returnedsub-clause (6) of clause 35 proposes to empower the central government to prescribe the conditions on which a company may pay commission to any person for subscription to its securitiesclause 36 proposes to empower the central government to prescribe conditions and manner in which a company may issue depository receipts to be dealt in depository mode in any foreign countrysub-clause (3) of clause 40 proposes to empower the central government to prescribe the manner of issue of a share certificate or the duplicate thereof the form of such certificate and the particulars to be entered in the register of members and other mattersitem (d) of sub-clause (1) of clause 48 proposes to empower the central government to prescribe rules for issuing sweat equity shares by unlisted companiessub-clause (2) of clause 49 proposes to empower the central government to prescribe conditions for issuing and redeeming preferential sharesfirst proviso to sub-clause (2) of clause 49 proposes to empower the central government to prescribe infrastructure projects, for which a company may issue preferential shares for more than twenty years it also proposes to empower the central government to prescribe the percentage of shares which shall be redeemed on an annual basissub-clause (1) of clause 50 proposes to empower the central government to prescribe share transfer form and time within which this has to be delivered to the companyproviso of sub-clause (1) of clause 50 proposes to empower the central government to prescribe time if, within which, the instrument of transfer of securities is not been delivered, the company may registered the transfer of securities on the terms of indemnitysub-clause (3) of clause 50 proposes to empower the central government to prescribe the manner of notice of the application to be given by a company to the transferee in case of transfer of partly paid sharessub-clause (1) of clause 53 proposes to empower the central government to prescribe the form in which an application is to be made to the tribunal for rectification of register of members and also to notify competent court outside india in respect of foreign industries or debenture holders residing outside indiaitem (a) of sub-clause (1) of clause 56 proposes to empower the central government to prescribe terms and conditions relating to the time within which the offer of shares has to be accepted or renounced by a shareholderitem (b) of sub-clause (1) of clause 56 proposes to empower the central government to prescribe conditions to issue shares to its employees under the scheme of employee stock optionitem (c) of sub-clause (1) of clause 56 proposes to empower the central government to prescribe the conditions for valuation report of a registered valuer to determine the price of sharessub-clause (1) of clause 57 proposes to empower the central government to prescribe the form for filing notice for alteration of share capital to the registraritem (d) of sub-clause (2) of clause 61 proposes to empower the central government to notify higher ratio of debt to capital and free reserves for a class or classes of companiesitem (g) of sub-clause (2) of clause 61 proposes to empower the central government to prescribe rules for buy-back of securities by a company, which is not listed with any stock exchangesub-clause (6) of clause 61 proposes to empower the central government to prescribe the form of declaration of solvency by directors of a companysub-clause (9) of clause 61 proposes to empower the central government to prescribe particulars to be entered in register maintained regarding securities bought back by a companysub-clause (10) of clause 61 proposes to empower the central government to prescribe particulars to be filed, by a company, with registrar of companies and securities and exchange board of india after completion of buy-back of securitiesexplanation to clause 61 proposes to empower the central government to notify securities as specified securities other than employees stock optionsub-clause (3) of clause 64 proposes to empower the central government to prescribe terms and conditions and class of companies which can issue secured debenturessub-clause (5) of clause 64 proposes to empower the central government to prescribe the conditions for governing the appointment of trustees for issue of debentures by a companysub-clause (13) of clause 64 proposes to empower the central government to prescribe rules for securing of the issue of debentures, the form of debenture trust deed, the procedure for debenture holder to inspect trust deed and to obtain copies thereof and other related matterssub-clause (1) of clause 65 proposes to empower the central government to prescribe the manner in which a holder of shares or debentures of a company may nominate any person to whom his shares or debentures shall vest in the event of his deathsub-clause (2) of clause 65 proposes to empower the central government to prescribe the manner in which joint holder of shares and debentures may nominate any person in case of death of all the joint holderssub-clause (3) of clause 65 proposes to empower the central government to prescribe the manner in which a nomination is to be varied or cancelledsub-clause (4) of clause 65 proposes to empower the central government to prescribe the manner in which any person may be appointed and become entitled to the shares or debentures of the company, in the event of the death of the nominee during his minoritysub-clause (2) of clause 66 proposes to empower the central government to make rules in consultation with the reserve bank of india with respect to acceptance of deposits from membersitem (a) of sub-clause (2) of clause 66 proposes to empower the central government to prescribe the form and manner in which particulars are to be contained in circular to members of company for inviting depositsitem (d) of sub-clause (2) of clause 66 proposes to empower the central government to prescribe the manner and limit for providing insurance against depositssub-clause (1) of clause 69 proposes to empower the central government to prescribe the form and manner in which a charge can be created and fee to be charged thereonproviso of sub-clause (1) of clause 69 proposes to empower the central government to prescribe additional fee on payment of which an application for registering charges can be made within a period of three hundred dayssub-clause (2) of clause 69 proposes to empower the central government to prescribe the form and manner in which certificate of registration of charges is to be issued by registrar of companies to the company or person in whose favour the charge is createdclause 70 proposes to empower the central government to prescribe the form and manner in which a person in whose favour the charge is created may apply for registration of charge when company fails to do so and also the fee and additional fee which registrar may charge for such registrationsub-clause (1) of clause 73 proposes to empower the central government to prescribe the form and particulars to be included in register of charges to be kept by the registrarsub-clause (2) of clause 73 proposes to empower the central government to prescribe fee to be paid by a person for inspecting the register of chargessub-clause (1) of clause 74 proposes to empower the central government to prescribe the form in which a company shall intimate the registrar of the payment or satisfaction of chargessub-clause (1) of clause 75 proposes to empower the central government to prescribe time within which a notice is to be given to the company and registrar for appointment of a receiver and to prescribe fee for registering particulars of the receiver, person or instrument with the registrarsub-clause (1) of clause 76 proposes to empower the central government to prescribe the form and manner of register of charges and floating charges to be kept by a company at its registered office and the particulars to be incorporated in the registeritem (b) of sub-clause (2) of clause 76 proposes to empower the central government to prescribe fee for inspecting the register of charges by a person other than a membersub-clause (1) of clause 78 proposes to empower the central government to prescribe the form and manner in which following registers are to be maintained: —(a) register of members indicating separately equity and preference shares held by each member and residing in india and outside;(b) register of debenture holders; (c) register of any other security holderssub-clause (4) of clause 78 proposes to empower the central government to prescribe the manner in which part of the registers referred to in sub-clause (1) of clause 78, called "foreign register" are to be kept in any country outside of indiasub-clause (1) of clause 79 proposes to empower the central government to prescribe the form of declaration by a person to the company who does not hold the beneficial interests in shares but whose name is there as a member in the register of members of the company, specifying the name and other particulars of the person who holds the beneficial interest in such sharessub-clause (2) of clause 79 proposes to empower the central government to prescribe particulars to be included in declaration to the company by a person who holds or acquires a beneficial interest in the shares of a company but whose name is not there in the register of members of the companysub-clause (3) of clause 79 proposes to empower the central government to prescribe the form and particulars to be included therein in case of any change in a declaration made by a person to the company who holds the beneficial interest in shares of the company and the person whose name is there in register of members of the company but who does not hold any beneficial interest in such sharessub-clause (4) of clause 79 proposes to empower the central government to prescribe the form of return in which declarations are made under this section to be filed by a company with the registrarsub-clause (1) of clause 81 proposes to empower the central government to prescribe the manner of notice to be given to members of a company before closing the register of members or debenture holders or any other security holderssub-clause (1) of clause 82 proposes to empower the central government to prescribe form containing the particulars in respect of annual returnitem (j) of sub-clause (1) of clause 82 proposes to empower the central government to prescribe the form of annual return and other matters to be included thereinproviso to sub-clause (1) of clause 82 proposes to empower the central government to prescribe the paid-up capital and turnover of a company or whose shares are listed on a recognised stock exchange, shall, in addition to being signed by managing director and the company secretary shall also be signed by a company secretary in whole-time practice and to prescribe the form for such certificationsub-clause (2) of clause 82 proposes to empower the central government to prescribe the extracts of the annual return that shall form part of the board's reportssub-clause (3) of clause 82 proposes to empower the central government to prescribe fee and additional fee for filing annual return with the registrarsub-clause (2) of clause 83 proposes to empower the central government to prescribe fee for inspecting the registers maintained under sub-clause (1) of clause 78 by a person who is not a members, debenture holders of companyitem (b) of sub-clause (3) of clause 83 proposes to empower the central government to prescribe fee for a copy of registers or entries or returns maintained under sub-clause (1) of clause 78sub-clause (4) of clause 89 proposes to empower the central government to prescribe the manner in which a meeting may be called by the requisitionists in case the board fails to call the meetingsub-clause (1) of clause 90 proposes to empower the central government to prescribe the manner for calling a general meeting of the companyclause 94 proposes to empower the central government to prescribe the manner and the conditions subject to which a proxy can be appointed by shareholdersclause 97 proposes to empower the central government to prescribe the manner in which a member may exercise his vote at a meeting by electronic meanssub-clause (5) of clause 98 proposes to empower the central government to prescribe the manner in which the chairman of meeting shall get the poll process scrutinised and report thereonsub-clause (1) of clause 99 proposes to empower the central government to prescribe the manner and matters on which a business can be transacted at a general meeting through postal ballotclause 104 proposes to empower the central government to prescribe the number of members who can give a notice of their intention to move a resolution requiring special notice and the manner in which such notice of the resolution shall be givensub-clause (1) of clause 106 proposes to empower the central government to prescribe the matters and the manner in which the resolutions passed in general meeting are to be filed with the registrarsub-clause (1) of clause 107 proposes to empower the central government to prescribe the time within which and manner in which a company shall prepare and keep minutes of proceedings of every general meeting, meeting called by requisitionists, meeting of class of shareholders or creditors, resolution passed by postal ballot and meetings of the board and any of its committeessub-clause (10) of clause 107 proposes to empower the central government to prescribe the secretarial standards for general and board meetings of a companysub-clause (2) of clause 108 proposes to empower the central government to prescribe fee for furnishing a copy of minutes of any general meeting to any member of the companysub-clause (1) of clause 109 proposes to empower the central government to prescribe the manner in which a report on annual general meeting shall be preparedsub-clause (2) of clause 109 proposes to empower the central government to prescribe fee to be paid by member of a company for being furnished with copy of minutes, etcitem (a) of sub-clause (2) of clause 110 proposes to empower the central government to prescribe rate of depreciation on assets of the companysub-clause (4) of clause 111 proposes to empower the central government to prescribe the form of statement to be filed by company with authority administering the fund on transfer of unpaid money to investor's education and protection funditem (g) of sub-clause (2) of clause 112 proposes to empower the central government to prescribe other amounts which shall be transferred to investor's education and protection fundsub-clause (3) of clause 112 proposes to empower the central government to prescribe rules for utilisation of investor's education and protection fundsub-clause (5) of clause 112 proposes to empower the central government to prescribe the form in which authority shall maintain accounts and other relevant records after consulting comptroller and auditor general of indiasub-clause (8) of clause 112 proposes to empower the central government to prescribe the form and time for preparing annual report by the authority giving a full account of its activities during the financial yearsecond proviso of sub-clause (1) of clause 116 proposes to empower the central government to prescribe the manner in which books of account can be kept in electronic modesub-clause (3) of clause 116 proposes to empower the central government to prescribe the conditions for making inspection of books of account and other records by a directorsub-clause (1) of clause 117 proposes to empower the central government to prescribe the form of in which financial statements are to be prepared by a company at the end of each financial yearsub-clause (4) of clause 118 proposes to empower the central government to prescribe fees, traveling, conveyance and other allowances to the members of national advisory committee on accounting and auditing standardsproviso to sub-clause (1) of clause 120 proposes to empower the central government to prescribe the manner in which financial statements shall be authenticatedproviso to sub-clause (1) of clause 121 proposes to empower the central government to prescribe the net worth and turnover of companies and manner in which such company shall circulate their financial statementssub-clause (1) of clause 122 proposes to empower the central government to prescribe the manner to file the financial statements with the registrarsub-clause (2) of clause 122 proposes to empower the central government to prescribe the manner to file the financial statements where annual general meeting has not been held along with the statement of facts and reasons for not holding the annual general meeting with the registrarproviso of sub-clause (1) of clause 123 proposes to empower the central government to prescribe the conditions for making an appointment of an auditor in a companysub-item (i) of item (d) of sub-clause (3) clause 124 proposes to empower the central government to prescribe the percentage which a person or his relative or partner should not hold as securities of the company or its subsidiary, etc, for being eligible for appointment as an auditor of a companysub-item (iii) of item (d) of sub-clause (3) of clause 124 proposes to empower the central government to prescribe the amount given by a person or his relative or partner as a guarantee or security in connection with the indebtness of any third person to the company or its subsidiary, or its holding or associate company or a subsidiary of such holding company which shall disqualify a person from being appointed as an auditor of the companyitem (e) of sub-clause (3) of clause 124 proposes to empower the central government to prescribe the business relationships which if a person has with the company or its subsidiary, or its holding or associate company, or a subsidiary of such holding company shall not be appointed as an auditor of the companyitem (g) of sub-clause (3) of clause 124 proposes to empower the central government to prescribe the number of companies beyond which a person shall not be appointed as an auditor of the companysub-clause (1) of clause 126 proposes to empower the central government to prescribe the matters, which an auditor shall inquire into as he consider necessary for the performance of his dutiessub-clause (2) of clause 126 proposes to empower the central government to prescribe the matters, which an auditor shall include in its report to the members of the companyitem (j) of sub-clause (3) of clause 126 proposes to empower the central government to prescribe additional matters to be included in auditors' reportsub-clause (8) of clause 126 proposes to empower the central government to prescribe the powers and duties of branch auditors or company's auditor with reference to the audit of branch offices of a companysub-clause (1) of clause 131 proposes to empower the central government to prescribe the items of cost to be included in the books of account kept by specified class of companiessub-clause (2) of clause 131 proposes to empower the central government to specify the manner in which audit of cost records of a company shall be conductedsub-clause (3) of clause 131 proposes to empower the central government to prescribe the manner in which a cost accountant shall be appointed in a companysub-clause (3) of clause 132 proposes to empower the central government to prescribe amount of paid-up share capital for listed companies which shall be required to appoint onethird of its total directors as independent directors it also proposes to empower the central government to prescribe minimum number of independent directors in case of public companies and subsidiaries of any public company which are not listeditem (c) of sub-clause (5) of clause 132 proposes to empower the central government to prescribe other qualifications to be possessed by an independent directorsub-clause (5) of clause 133 proposes to empower the central government to prescribe the time within which and manner in which consent given by a director shall be filed with the registrarsub-clause (6) of clause 133 proposes to empower the central government to prescribe the procedure and principles in accordance with which directors shall retire by rotation under such sub-clausesub-clause (7) of clause 133 proposes to empower the central government to prescribe the time and procedure in respect of making of appointment of director in case a company fails to re-appoint a director or to appoint a person as a director in place of a retiring directorclause 134 proposes to empower the central government to prescribe the form, manner and the fees payable in respect of application for director identification numberclause 135 proposes to empower the central government to prescribe manner in which director identification number shall be allotted by the central governmentsub-clause (1) of clause 138 proposes to empower the central government to specify apart from registrar any other authority to whom director identification number may be furnished by a company under such sub-clausesub-clause (1) of clause 141 proposes to empower the central government to prescribe the sum of money to be deposited in connection with proposing the candidature of a person as a director in the company sub-clause (2) of clause 141 empower the central government to prescribe the manner in which the company shall inform its members of the candidature of a person for office of directorsub-clause (1) of clause 149 proposes to empower the central government to prescribe manner and form in which board shall intimate registrar in respect of notice of resignation given by a director under this sub-clauseproviso to sub-clause (1) of clause 149 of the bill proposes to empower the central government to prescribe the manner in which a director himself may forward a copy of his resignation to the registrar under this clausesub-clause (1) of clause 150 proposes to empower the central government to prescribe the procedure to be followed by a company while removing a director from his office before the expiry of period of his officesub-clause (1) of clause 151 proposes to empower the central government to prescribe the particulars in respect of directors and key managerial personnel to be entered in the register required to be kept by the company pursuant to this clausesub-clause (2) of clause 151 proposes to empower the central government to prescribe the particulars and documents to be contained in the return to be filed with the registrar under such sub-clauseproviso to sub-clause (1) of clause 154 proposes to empower the central government to issue directions by way of notifications, to the effect that provisions in respect of subclause (1) shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notificationsub-clause (2) of clause 154 proposes to empower the central government to prescribe other means of communication, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings, which may be used for holding meetings of the boardproviso to sub-clause (2) of clause 154 proposes to empower the central government to specify such matters which shall not be dealt with in a meeting of the board through video conferencing or other electronic meanssub-clause (1) of clause 158 proposes to empower the central government to prescribe class or description of companies which shall have to constitute an audit committee and a remuneration committee of the boardsub-clause (1) of clause 162 proposes to empower the central government to prescribe the manner in which a director shall make disclosure in respect of companies, firms and other bodies corporate in which he has any concern or interestsub-clause (5) of clause 164 proposes to empower the central government to prescribe the limits up to which such class of companies governed by section 12 of the securities and exchange board of india act, 1992 which may be prescribed by the central government, shall give loan, or guarantee or make investments this sub-clause also seeks to empower central government to prescribe class of companies governed by section 12 of the securities and exchange board of india act, 1992 in respect of which limits prescribed supra would be applicablesub-clause (8) of clause 164 empower the central government to prescribe the particulars which shall be included and the manner in which a register shall be kept by a company giving loan or providing guarantee, etcsub-clause (9) of clause 164 empower the central government to prescribe the fees payable for taking extracts or obtaining copies of any part of register maintained under subclause (8) by any companysub-clause (3) of clause 165 proposes to empower the central government to prescribe the particulars to be contained in the register to be kept by a company in respect of securities, which are not held in its nameproviso to sub-clause (1) of clause 166 proposes to empower the central government to prescribe the lower limit of paid-up capital of a company or the upper limit of transactions of a company for entering into contract or arrangement, except with the prior approval by way of special resolutionsub-clause (1) of clause 167 proposes to empower central government to prescribe particulars and manner in which register(s) in respect of contracts or arrangements to which sub-clause (2) of clause 162 applies shall be kept by every companysub-clause (4) of clause 167 proposes to empower the central government to prescribe the manner and fees payable for inspection of register maintained under sub-clause (1)sub-clause (1) of clause 169 proposes to empower the central government to prescribe the particulars, with reference to payment proposed to be made by transferee or person, which are to be disclosed to members in view of provisions of such sub-clausesub-clause (2) of clause 169 proposes to empower the central government to prescribe limits or priorities in respect of any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement, which shall not be effected by the provisions of sub-clause (1) of this clausesub-clause (1) of clause 175 proposes to empower the central government to prescribe the manner in which net profits of a company shall be computed for the purpose of ascertaining the payment of remuneration to a managing or whole-time director or a manager of a companysub-clause (1) of clause 178 proposes to empower the central government to prescribe class or description of companies who shall be required to have whole-time key managerial personnelitem (b) of sub-clause (3) of clause 193 proposes to empower the central government to prescribe fee for furnishing a copy of the final reportsub-clause (4) of clause 193 proposes to empower the central government to prescribe the manner in which inspector may authenticate the reportsub-clause (3) of clause 201 proposes to empower the central government to prescribe the other methods which shall be disclosed in the statement apart from the disclosure indicated in the said sub-clausesub-clause (5) of clause 201 proposes to empower the central government to prescribe the form and accompanied documents in which a notice shall be sent under sub-clause (3) of the said clausesub-clause (10) of clause 201 proposes to empower the central government to prescribe rules regarding the manner, terms and conditions for takeover offer to be madesub-clause (11) of clause 201 proposes to empower the central government to prescribe the manner in which an aggrieved party may appeal to the tribunal, in the event of any grievances with respect to the takeover offer in case of unlisted companiessub-clause (2) of clause 204 proposes to empower the central government to prescribe the manner in which the transferee company shall file a copy of the approved scheme with the registrar and the official liquidatorsub-clause (10) of clause 204 proposes to empower the central government to prescribe fee due on revised capital for filing an application with the registrar along with the scheme registered and indication the revised authorised capitalsub-clause (1) of clause 205 proposes to empower the central government to notify the names of countries to which the provisions of the chapter shall applysub-clause (1) of clause 206 proposes to empower the central government to prescribe the manner in which the notice is to be given by the transferee company to any dissenting shareholders that the transferee company desired to acquire his sharesub-clause (2) of clause 207 proposes to empower the central government to prescribe the rules for determining the price for buying of equity shares from the minority shareholderssub-clause (3) of clause 207 proposes to empower the central government to prescribe the rules for determining the price for buying of equity shares from the majority shareholderssub-clause (3) of clause 208 proposes to empower the central government to prescribe the authority for assessment of compensation to be paid to the member or creditor by the transferee companyitem (a) of sub-clause (1) of clause 209 proposes to empower the central government to prescribe the information and the manner in which every circular containing the offer shall be accompanied withsub-clause (2) of clause 219 proposes to empower the central government to prescribe qualifications of persons for registration as a registered valuer other than chartered accountants, cost and works accountants and company secretaries and form to apply for licensing a registered valuersub-clause (3) of clause 219 proposes to empower the central government to prescribe fee for filing application to the central government for registration as a registered valueritem (b) of sub-clause (3) of clause 219 proposes to empower the central government to prescribe rules to make the valuationsub-clause (1) of clause 220 proposes to empower the central government to prescribe the number of experts and their minimum qualification for appointment of such experts in the committee of expertssub-clause (2) of clause 221 proposes to empower the central government to prescribe form in which valuation report shall be submitted as well as the manner of its verificationsub-clause (3) of clause 221 proposes to empower the central government to prescribe the maximum rate which shall be charged by the registered valuersub-clause (4) of clause 223 proposes to empower the central government to prescribe the enquiry officers as well as their powerssub-clause (1) of clause 224 proposes to empower the central government to specify the notice period for removal of name of a companysub-clause (2) of clause 224 proposes to empower the central government to prescribe the format of public notice to be issued by the registrarsub-clause (4) of clause 224 proposes to empower the central government to prescribe the manner in which public notice shall be published by the registrarsub-clause (1) of clause 229 proposes to empower the central government to prescribe the manner in which an application is to be filed to the tribunalitem (b) of sub-clause (2) of clause 230 proposes to empower the central government to prescribe particular and documents and manner of authentication as well as the requisite fee for an application to be made to tribunal in respect of revival and rehabilitation of sick companyitem (c) of sub-clause (2) of clause 230 proposes to empower the central government to prescribe the draft scheme of revival and rehabilitationsub-clause (1) of clause 234 proposes to empower the central government to notify the name of the professionals such as advocates, company secretary, chartered accountant, cost and works accountant to be appointed as interim administrator or company administratorsub-clause (4) of clause 244 proposes to empower the central government to prescribe the rules regarding the manner in which the rehabilitation and insolvency fund shall be managedsub-clause (5) of clause 247 proposes to empower the central government to prescribe the form and manner in which a statement of affairs is to be filed along with the petition for winding up before the tribunalsub-clause (1) of clause 249 proposes to empower the central government to prescribe the form and manner in which the company is to file its objection along with a statement of its affairs on receipt of orders of the tribunal on a petition for winding up filed by any person other than the companysub-clause (2) of clause 250 proposes to empower the central government to maintain a panel of professionals consisting of their names, experience and other qualifications and also empower to notify the category/class of professionals who can be considered for appointment as provisional liquidatorsub-clause (5) of clause 250 proposes to empower the central government to prescribe the form in which a declaration is to be filed by the provisional liquidator or company liquidator, disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the tribunalsub-clause (5) of clause 256 proposes to empower the central government to prescribe the fee for payment of taking copies or extracts of statements to be submitted by the company liquidatorsub-clause (5) of clause 262 proposes to empower the central government to prescribe the form and manner relating to the convening of the meetings, the procedure to be followed thereat and other matters relating to conduct of business by the committee of inspectionsub-clause (1) of clause 263 proposes to empower the central government to prescribe the form and manner in which a periodical reports on the progress of the winding up of the company is to be made to the tribunal by the company liquidatorsub-clause (2) of clause 266 proposes to empower the central government to prescribe the form in which the person appointed to assist company liquidator shall discloser information relating to any conflict of interest or lack of independence in respect of his appointmentsub-clause (1) of clause 268 proposes to empower the central government to prescribe the form and manner in which the company liquidator shall keep proper books, minutes of the proceedings at the meeting and other matters in relation to the company under liquidationsub-clause (1) of clause 269 proposes to empower the central government to prescribe the form and manner in which the company liquidator shall maintain proper and regular books of account including accounts of all receipts and payments made by him in relation to the company under liquidationsub-clause (2) of clause 269 proposes to empower the central government to prescribe the following :—(1) number of times the company liquidator shall present to the tribunal account of receipts and payment made to the liquidator(2) form in which receipts and payments shall be presented to the tribunal (3) form of declaration and manner of its verificationsub-clause (4) of clause 285 proposes to empower the central government to prescribe the form and manner in which a declaration shall be by the company liquidator disclosing any conflict of interest or lack of independence in respect of his appointment with the company and the creditors and such obligation shall continue throughout the term of his or its appointmentsub-clause (4) of clause 289 proposes to empower the central government to prescribe the form and manner in which the company liquidator shall maintain regular and proper books of account this clause also empower the central government to authorise any officer, apart from members and creditors and to inspect such books of accountsub-clause (1) of clause 291 proposes to empower the central government to prescribe the form and manner of report on the progress of winding up in which the company liquidator shall present it to creditorssub-clause (2) of clause 293 proposes to empower the central government to prescribe the form and manner in which meeting of the company shall be called for the purpose of laying the final winding up accountsitem (b) of sub-clause (4) of clause 293 proposes to empower the company liquidator to prescribe the manner in which company liquidator shall file application along with his report to tribunal for passing an order on dissolution of companysub-clause (4) of clause 297 proposes to empower the central government to prescribe the form and manner in which a copy of an order staying the proceedings in the winding up shall be forwarded by the company to the registraritem (b) of sub-clause (1) of clause 302 proposes to empower the central government to prescribe the limit on amount payable on account of all wages or salary including wages payable for time or piece work and salary earned wholly or in part by way of commission, etcsub-clause (2) of clause 318 proposes to empower the central government to prescribe the circumstances, conditions, restrictions and limitations under which the company liquidator shall exercise powers without sanction of the tribunalsub-clause (3) of clause 318 proposes to empower the central government to prescribe the manner in which any creditor or contributory may file application to the tribunal on powers exercised by company liquidatorsub-clause (1) of clause 321 proposes to empower the central government to prescribe the rules in accordance of which any creditor or contributory of the company may inspect the books and papers of the companysub-clause (1) of clause 323 proposes to empower the central government to prescribe the form and manner in which a statement is to be filed duly audited by a person qualified to act as auditor of the company, in relation to company where winding up is not concluded within one year after its commencementsub-clause (4) of clause 323 proposes to empower the central government to prescribe the fee on payment of which in which any creditor or contributory of the company may inspect the statement and receive a copy thereof or an extract therfromclause 324 proposes to empower the central government to prescribe the manner and time in which company liquidator shall pay the monies received by him as liquidator of any government company, into the public account of india in the reserve bank of indiasub-clause (1) of clause 325 proposes to empower the central government to prescribe the manner and time in which the company liquidator shall deposit the monies received by him in his capacity as company liquidator in a scheduled bank to the credit of special bank accountsub-clause (3) of clause 327 proposes to empower the central government to prescribe the form and manner in which the liquidator shall furnish the statement indicating therein all sums included in payment, the nature of the sums, the names and last known addresses of the persons entitled to participate therein, the amount to which each is entitled and the nature of his claim theretosub clause (1) of clause 335 proposes to empower the central government to prescribe the power and duties of official liquidatoritem (c) to sub-clause (2) of clause 335 proposes to empower the central government to prescribe the statistics, information and records relating to companies under winding up, which the official liquidator may maintainsub clause (4) of clause 336 proposes to empower the central government to prescribe the form and manner of the report to be submitted by official liquidator to tribunal on any fraud which has been committed in promotion, formation or management of the affairs of the companysub-clause (1) of clause 338 proposes to empower the central government to prescribe the manner in which official liquidator shall call upon the creditors to prove their claimsub-clause (2) of clause 338 proposes to empower the central government to prescribe the manner in which the official liquidator shall prepare a list of claims of creditorsclause 341 proposes to empower the central government to notify certain companies to comply with the provisions of chapter xxi and such other provisions of this act with regard to the business carried on by it in india as if it were a company incorporated in indiaitem (c) of sub-clause (1) of clause 342 proposes to empower the central government to prescribe particulars to be contained in the list of the directors and secretary to filed by foreign companiessub-clause (3) of clause 342 proposes to empower the central government to prescribe form in which all the alteration has to be delivered by the foreign company to the registrar for registrationsub-clause (3) of clause 343 proposes to empower the central government to prescribe form in which a copy of list of all places of business established by the company in india has to be delivered by foreign company to the registrarclause 347 proposes to empower the central government to prescribe the fee for registering documents with the registrar by foreign companiesclause 351 proposes to empower the central government to prescribe such documents of foreign companies which has or has not established a place of business in india for the purpose of registration of prospectusclause 352 proposes to empower the central government to frame rules for following:—(a) the offer of indian depository receipts; (b) the requirement of disclosures in prospectus or letter of offer issued inconnection with indian depository receipts;(c) the manner in which the indian depository receipts shall be dealt with in adepository mode and by custodian and underwriters; and(d) the manner of sale, transfer or transmission of indian depository receiptssub-clause (1) of clause 357 proposes to empower the central government to give directions, by notification in the official gazette that any of the provisions of the bill shall not apply to any government company or shall apply to any government company with such exception, modification and adaptation as may be specified in the notificationsub-clause (1) of clause 358 proposes to empower the central government to establish such number of offices and at such places as it thinks fit specifying their jurisdiction for the purpose of registration of companies under this act sub-clause (2) of clause 358 proposes to empower the central government to prescribe power which shall be exercisable by director general of registration, registrars, additional, joint, deputy and assistant registrarssub-clause (3) of clause 358 proposes to empower the central government to make rules in regard to prescribing the terms and conditions of service, including the salaries payable to persons appointed under this clausesub-clause (4) of clause 358 proposes to empower the central government to direct preparation of seal or seals for authentication of documents required for, or connected with, the registration of companiesclause 359 proposes to empower the central government to prescribe the manner of authentication of documents filed by company in electronic form, etc, for the purposeitem (a) of sub-clause (1) of clause 360 proposes to empower the central government to make rules of filing for various application, documents and returns, etc, in electronic form including the manner of their authenticationitem (b) of sub-clause (1) of clause 360 proposes to empower the central government to make rules of service or delivery of any document, notice or communication, etc, in the electronic form and the manner of their authenticationitem(c) of sub-clause (1) of clause 360 proposes to empower the central government to make rules for maintenance of various applications, documents and return filed with the registrar in the electronic form and manner of their registration or authenticationitem (d) of sub-clause (1) of clause 360 proposes to empower the central government to make rules regarding the manner of inspection of the various documents maintained in the electronic formitem (e) of sub-clause (1) of clause 360 proposes to empower the central government to make rules for payment of fees, charges or other sums payable through the electronic formitem (f) of sub-clause (1) of clause 360 proposes to empower the central government to make rules and the manner in which various registry functions shall be performed by registrar in electronic formsub-clause (2) of clause 360 to empower the central government to frame, by notification, a scheme to carry out the provisions of sub-clause (1) of this clauseclause 362 proposes to empower the central government to provide value added services through electronic form and levy fee thereonsub-clause (1) of clause 364 proposes to empower the central government to prescribe fee and charges required to be paid on account of giving, filing, registering or recording of any document or fact under the provisions of the actproviso to sub-clause (1) of clause 364 proposes to empower the central government to prescribe the additional fee for documents to be submitted, filed, registered or recorded, on any fact or information required under this actsub-clause (1) of clause 366 proposes to empower the central government to issue an order requiring any company or companies to furnish information or statistics with regard to its or their or its constitution or working and time or to produce records or documents in its possession or allow inspection thereof by any officer or furnish such further information as that government may consider necessarysub-clause (2) of clause 367 proposes to empower the central government to give directions, by notification in the official gazette that any of the provisions of the act shall apply to any nidhi or shall apply to any nidhi with such exception, modification and adaptation as may be specified in the notificationclause 369 proposes to empower the central government to constitute by notification a tribunal to be known as national company law tribunal and appointment of chairperson and judicial and technical member thereofclause 371 proposes to empower the central government to constitute by notification an appellate tribunal to be known as national company law appellate tribunal and appointment of chairperson and judicial and technical member thereofclause 375 proposes to empower the central government to prescribe for salary, allowances and other terms of conditions payable to the members of the tribunal/appellate tribunalsub-clause (3) of clause 379 proposes to empower the central government to prescribe for salary, allowances and other terms and conditions payable to the officers/employees of the tribunal/appellate tribunalclause 380 proposes to empower the central government to prescribe the number of benches of ncltsub-clause (3) of clause 382 proposes to empower the central government to prescribe the form and fee for filing an appeal against the order of the tribunalitem (h) of sub-clause (2) of clause 385 proposes to empower the central government to prescribe matters other than those specified in this sub-clause, in respect of which the tribunal and appellate tribunal shall be the same powers as are vested in a civil courtsub-clause (1) of clause 396 proposes to empower the central government to specify the number of special courts to be established for the purpose of providing speedy trial of offences under this actsub-clause (1) of clause 413 proposes to empower the central government to prescribe the manner of imposing penalty by an officer not below the rank of registrarsub-clause (6) of clause 413 proposes to empower the central government to prescribe form, manner and fee for filing an appeal by the aggrieved person against the order made by adjudicating officersub-clause (1) of clause 414 proposes to empower the central government to prescribe manner for obtaining the status of a dormant company for such companies which are registered under this act for a future project or to hold an asset or intellectual property and has no significant accounting transaction or is an inactive companysub-clause (2) of clause 414 proposes to empower the central government to prescribe form of certificate to be issued by registrar allowing the status of a dormant companysub-clause (3) of clause 414 proposes to empower the central government to prescribe form of register of dormant companies to be maintained by the registrarsub-clause (5) of clause 414 proposes to empower the central government to prescribe minimum number of directors, documents to be filed and annual fee to be paid to registrar by a dormant company to retain its dormant status and also empower the central government to prescribe form of application, documents and fee to be paid to registrar for becoming an active companysub-clause (2) of clause 418 proposes to empower the central government to prescribe fee for application to be made to the central government or to the tribunal in respect of any approval, sanction, consent, confirmation or recognition and also in respect of any direction or exemption to be given or granted by the government or the tribunalsub-clause (1) of clause 422 proposes to empower the central government to prescribe maximum number of persons for forming association or partnership unless it is registered under this act or is formed under any other law for the time being in forceproviso 4 to sub-clause (2) of clause 424 proposes to empower the central government to prescribe the manner in which provident fund, superannuation fund, welfare fund or other fund for the benefit of the officer and other employees of the company law board, who has become officers and employees of the central government shall be dealt with by it consequent upon dissolution of company law board lok sabha————abillto consolidate and amend the law relating to companies————(shri prem chand gupta, minister of corporate affairs)gmgipmrnd—3398ls—17102008

Parliament_bills

f44eacb3-f8e6-5da0-96ad-62615c10c4a7

bill no 94 of 2017 the constitution (amendment) bill, 2017 by shrimati meenakashi lekhi, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20172 in the seventh schedule to the constitution,—(ii) in the list iii—concurrent list, after entry 6, the following entry shall beinserted, namely:—"6a agriculture, including agricultural education and research, protection against pests and prevention of plant diseases" statement of objects and reasonsagriculture has got pivotal role in indian economy though the share of agriculture in national income is declining, it still has a substantial share in gross domestic production agriculture is the mainstay of livelihood in rural areas as nearly as 65 per cent to 70 per cent of our total population is engaged in agriculture related activities agriculture sector can be revitalised by concerted efforts to be made by the state governments as well as the union government however, role of the union government is negligible in the development of agriculture sector for the reason that agriculture has been listed in the state list and is considered as the primary responsibility of the state governmentthe bill seeks to amend the seventh schedule to the constitution with a view to transfer entry 14 of list-ii (state list) pertaining to 'agriculture', to list-iii (concurrent list) so that the parliament and central government can also play its due role in the field of development of agriculture and sustainable use of water to meet the growing needs of the societyhence this billnew delhi;meenakashi lekhinovember 18, 2016 annexureextract from the constitution of india list ii—state list 14 agriculture, including agricultural education and research, protection against pests and prevention of plant disease list iii—concurrent list 6 transfer of property other than agricultural land; registration of deeds and documents lok sabha———— a billfurther to amend the constitution of india————(shrimati meenakashi lekhi, mp)gmgipmrnd—4135ls(s3)—05-07-2017

Parliament_bills

af8163f4-30b1-5749-8fbe-572ff21c13af

bill no 61 of 2015 the constitution (amendment) bill, 2015 bydr thokchom meinya, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20152 after article 371c of the constitution, the following article shall be inserted, namely:—insertion of new article371ca statement of objects and reasonsmanipur has been recognised as a political entity having a geographical boundary, a demographic identity and a long glorious history and traditionmanipur had a long history of monarchy which is more than two thousand years oldsince the coronation of king pakhangba in circa 36ad, it had been a stable monarchy hardly interfered by any outside force or invader in its long history of existence, manipur was occupied only twice by the external forces first, during burmese invasion (1819-1825) and later by the british (1891-1947) after that, manipur remained an independent princely state from the year 1947 to 1949, when it merged with the union of india the merger agreement was signed between the government of india and the then maharaja of manipur on 21st september, 1949, which came into force wef 15th october, 1949 thus, the territorial area of manipur which existed at the time of merger must be respected, made sacrosanct and preservedin ancient times, the land of manipur was inhabited by few ethnic groups however, in course of time, the demographic complexion has changed and now the population of manipur comprises of various communities and ethnic groups barring some sporadic instances of feuds and clashes between the communities and ethnic groups, the spirit of peaceful co-existence still exists among the people of manipur the fact remains that manipur belongs to the people of manipur the political entity and unity of manipur must be protected and safeguarded in the interest of the people of manipurfor about three years from 1947 to 1949, the princely state of manipur remained a buffer-state between india and burma (myanmar) ultimately, manipur joined the union of india on 15th october, 1949 and at that time the geographical area of manipur was about 22,327 sq km the sanctity of this geographical area of manipur which existed at the time of merger with the union of india must be given a constitutional protection and safeguard moreover, a series of resolutions have been adopted by the manipur legislative assembly for protection of the territorial integrity of manipur, the latest being the one adopted on june 12, 2002hence this billnew delhi;thokchom meinyafebruary 6, 2015———— a billfurther to amend the constitution of india————(dr thokchom meinya, mp)gmgipmrnd—4485ls(s3)—03-03-2015

Parliament_bills

5717035c-ba84-50e0-89ab-f19b7cae5d05

statement of objects and reasonsin our country, the farmer and his family entirely depends on the crop he grows and teaps the crop is the result of his hard work and his expectations are always for the remunerative prices so that he could repay the loans which he borrowed for growing agricultural produce and to meet social obligations and household expenditure but unfortunately, it is of unscrupulous traders who exploit them to the maximum possible similarly, it is now very common that whenever there is bumper crop of anything, be it foodgrains or vegetables, the prices of such items fall very steeply for instance when there is bumper crop of any commodities, their prices fall to the extent that the growers have no choice but to throw them on the roadsides and it has been noticed that the farmers sometimes burn their sugarcanes on the fields but even the government does not come to their rescue hence, there is an urgent need to provide that government should intervene at such times to protect the interests of the farmers the agricultural ministry of the union government fixes the minimum support prices of agricultural produce but generally such prices are not realistic ones and there has always been discontentment amongst the farmers regarding such prices because they remain far below the expectations of the farmers it is, therefore, necessary to set up a statutory autonomous agricultural produce price fixation board inc luding therein the representatives of the farmers and agricultural labourers to fix the remunerative prices for agricultural produce taking into consideration all the aspects, it will also be mandatory for the government to purchase agricultural produce from the farmers through their agencies it is felt that the guarantee of a minimum assured price will further give the requisite boost to our agriculture sector and our farmer will prosper for which he really deserves hence this bill new deuu; gs basvaraj february 10, 2000 financial memorandumclause 3 of the bill provides for the establishment of agricultural produce price fixation board it further provides for setting up of zonal offices clause 4 provides that the board shall give wide publicity through electronic and print media about the prices fixed clause 6 provides that the central government shall purchase agricultural produce at the prices fixed by the board the bill, if enacted and brought into operation, will involve expenditure from the consolidated fund of india it is estimated that a sum of tupees sixty crore may be involved as recurring expenditure per annum a non-recurring expenditure of rupees one crore may also be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to the matters of detail only the delegation of legislative power is, therefore, of a normal character

Parliament_bills

5d0db506-f2f5-5b87-9b13-9c8718aaefe3

bill no 153 of 2016 the indian penal code (amendment) bill, 2016 byshri baijayant panda, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—2 for section 309 of the indian penal code, 1860, the following section shall be substituted, namely:—substitution of new section for section 3095"309 (1) where any person attempts to commit suicide or performs any act towards the commission of such attempt, in a manner that is likely to cause breakdown of public order, then a police officer, not below the rank of deputy superintendent of police, shall apply to a judicial magistrate for determination to that effectattempt to commit suicide that is likely to cause breakdown of public order10(2) where the judicial magistrate makes a determination under sub-section (1), he may pass an order allowing a police officer to detain such person in a police station for such time as may be specified in the order and direct the police officer to take such other measures as may be necessary to ensure that the detainee does not attempt to commit suicide while in custody:provided that the judicial magistrate's order shall specifically state all measures that may be taken to ensure that the person does not attempt to commit suicide while in custody15illustration: x begins a hunger strike in a public place and incites a crowd by proclaiming that he will fast unto death x is attempting to commit suicide in a manner that is likely to cause breakdown of public order20(3) where any person imminently attempts to commit suicide or performs any act towards the imminent commission of such attempt, in a manner that is likely to cause breakdown of public order, a police officer, not below the rank of deputy superintendent of police, or equivalent rank, shall have the power to detain such person in a police station and to take such other measures as may be necessary to ensure that he does not attempt to commit suicide while in custody:provided that the police officer shall, within twenty-four hours of such detention, apply to the judicial magistrate for determination to that effect25illustration: x climbs on the roof of a tall building and incites a crowd by proclaiming that he will jump down to his death a is imminently attempting to commit suicide in a manner that is likely to cause breakdown of public order30(4) where the judicial magistrate makes a determination under sub-section (3), he may pass an order allowing further detention of such person in a police station for such time as may be specified in the order and direct the police officer to take such other measures as may be necessary to ensure that the he does not attempt to commit suicide while in custody:provided that if the judicial magistrate does not make a determination, such person shall not be detained any more35explanation— for the purposes of this section, 'such other measures as may be necessary to ensure that the he does not attempt to commit suicide while in custody', include measures to forcibly feed someone attempting suicide by refusing40(5) where any person attempts to commit suicide or performs any act towards the commission such attempt of, which does not lead to death of such person, the person who abets in commission of such attempt or performance of such act shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine" statement of objects and reasonsit is an indication of the tendency of many of our laws to stick to status quo that the anachronistic provision that criminalises the attempt to commit suicides continues to operate today the mental state of a person who commits suicide deserves understanding and careful intervention, and the blunt instrument of criminal sanction is markedly ill-suited for this purpose a large number of other jurisdictions have long since realised this fact, and do not criminalise attempts to commit suicide today despite recommendations of the law commission and the supreme court to adopt a similar approach in india too, the same has not been achieved so farthis bill addresses this situation by decriminalising attempts to commit suicide it also addresses two concerns that may arise with such a proposal first, it grants the authorities narrowly defined powers to intervene if they come across a suicide attempt that has the potential to cause breakdown of public order secondly, it clarifies that the decriminalisation of suicide attempts does not in any way dislodge the legal liability of those who abet suicide, whether their abetment ultimately results in a suicide or an attempt to commit suicidehence this billnew delhi;baijayant pandamay 6, 2016 annexure extract from the indian penal code, 1860(45 of 1860)| | | | | ||------|------|------|------|-----|attempt to commit suicide309 whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both———— a billfurther to amend the indian penal code, 1860————(shri baijayant panda, mp)gmgipmrnd—1086ls(s3)—02-07-2016

Parliament_bills

423884d0-a6ab-5bf5-9759-a34431f7c5bc

section 12 of -(hs ~ode of criminal rrcc60ure, 1898, as :2roposod to be wodi,fied by lj8ra~;g:tjll 5 of the scledule to tle bill, r jc?d ni tj1 clause :] thej'eof, secks to 'urovide for at)'; 'ointiiu'''~1t of l:;xecuti ve =_c:~ istrz::le·s e~t1 ~ ---for confernment of' po\1ers of &'y class of a judicial ~is­tr2 te on ilumb:;rs of' tha judicial service of the union terr i tory of ,d elhi or tdiil:ichal frade&l t~le sc~icl :)ar p-e~ph ~ i of lle scnedule also )tovides t:'ldt durin, the first 'line ~: y8c?"rs jersons vi~lo are l!loliders of a civil servic'e in tlii-,' unioll terrj'/jory of :jelli or dll2cil!:li fr2des~l or ~y st~'te---_ , ai1d are or have been exercisil1b t:le po',7ers of a l2birtrete t in sucll terri tory or 3tcte lcy be e:}pointed a!3 j'udici~ll ' lb61 stra:\: es t, section 14 of -(alle vode, a,ff proposed to be ~'~~' ·odified by ;:areua:;'l 7 of t,lat scledule makes provi!n for 2":r?1)oil1tr~le~1t of sj6cicl judicial lce:,is"i:rites ~nd special " ~~ecu"d ve i:c:;e,i stru tes ~ ;;: ~j'~le sc:len9 of 'lie dill; in effect, involve! tile rr ~,classiiic2tioj,1, at t:"l0 l1iti£d st2{)e, of tlle o:r:istinf:, ~str,:tes ii1 tr19 two u11ion territories into £~ecuti va ~d j"udichtl lae,:istr:::tes c?;1d no ado~,tion~l er26ilcli ture~ -t'~ -trc~l1ritiollal ,eriod ~ -~~lree y6a;:'s a"lcl tlljs \till be doae ("fte:r asseaslllb t~le actual requirelueillts in tho lie,:lt of the --rorkiae:, of t~je sc~lelje of se: are~tioa for so~lo -tim\) as a result of t~lis detennii1ation, sodc additionel g~~~,endi'cure ll~_"y be involved such ert?snditure my ultimately be of t~la o:"~':::'gr of' l~s2 lclcl1s( non-recllrl"inf;,) e""ld j"tr 12 lakhs ')or annu!ll (rocuri~lab) in t,le caso of d01hi 2jlcl he 150 1~lxls(110n­racwrlat:j at'ld as~11("k1s ]or annum{recurrii1b) 'in t"l'3 case of fl~lc"'l fr&de&1 tho or,::encli ture in tile case of dolhi -nil be met from ~le <;onsolic1:ted l·und, of india 2l"1d t:1at in lld case of ~-lm~c~jal tl"cidesll from -g;,16' cone~ick:;tgd i;'lmd of t:j2;(, 'union territory ~lh" plu'ji;'b so~jar:tiori of j-ldicici ~l1d r:;xijcuti va 1'ullctions act, 1964, is alrei:dy in force in t~la -j~lola of tie s1ii:to of punjab oxcgllt in t10 8c~10clulod 2taae of j8:1:"1ul f",ld s,e)i ti c"-"d t~l~ trc:ulsfe:" o{ c(;jrtc~in :;raas of the 6xl st:-:lb punj""b to tilo union torri tory of :im::~c~lcll ~r,desh as a rasul t of t~10 cdnt&~jli' tad r3~&2-l1isatl on of t:];t' stcte 'lould llo~ lnvol va any ad :i ti o:ru;;,l e~~ondi tura - ~~'i dil-:] , gl nanda , corrigenda------~ to " e::'~ '~ the dwb· and a~machar"'pradesh (sltparation o'~·judicial and executi-vt (f-un~~io~)-b~~~, 1966 ' --," - (to be/as introduced 1n lok sabha) ~ , ~ \ page 2, in the m~rginal heading tp c~~use ,3,~ for' liprocdure" read "procedure" ~ -- page 2; line 27,~ - ~~ '~' "' "~ - -, j -for "subhlf read' "sueh" -' - 't' , page 3, line 1'1,';' , ;:: ' ' • ~ ! ~ ,', ill "and courtu read lior court'" -,! ',,"" ~;-;' -0, , 4 , page 3, line 33,-"/ " ~~" " - ~ ' " after "fo11owing" insert itseca-o~n' - _' " r" , _ ":',71 t· page 4, in the '-maj\g1naj:' h~~~~1,qg, ,to ~~~t1:~~ '4';'~'(i~ _~ t , r, ~~ :; for umag:!strate" ~ ''magistrate;;'' ' ::-:, ~ -~a~~5, lines 8 and 9';~ , :''','' " "~,--" atter tlsubstitutedh ,insert if, nama1y" ::::~ 7 page 5, 11ne 17,-' , for "c1asswith" readltclass with"' ':;;, --- ~"" '~\ f i' f', tr\ , f;~ ', 8 page 6, 1ina '7, ~ 9 " ,", -i', • _ - for "cotroll! read itcontrolrt - - :'0 ~ - pag~ 6~' 11ne~' 14'~- , ',~ tor if a judicial magistrate in any" d~~~r1etn _re~d iij udic a1 m~g1strates in, any; district,;" - " ' " r" ~ino 26 ~ -- after "state" i'ris'?rt yam"' , 11 page 6, in the marginal 'heading, ~o ~ect1on 14, , -, tor "magis traie" 'read l'mail~~~ate8" -:""," ", ---- ~ " ' - line 15,-for "part ii '(b) of the fourth schedu1e" read -- -- -"part lib of schedule iv" 11,- for 'th: state gov'?rnmr-ntl rr>3d 'st3t-:: gov~rlim~ntr -, page 12, line 12,-for 'the state gov~rnmpnt i ~ 'state gov'ernm~nt' , pag~ 14, in the marginal h€'e!~_~ng to section 125,-after ''mag1strate,,·o1nsert ii and, d1strict magistr-ate" " ' ,---- -- ~ page 14, line 27,-~ if ,131" ' page 16, line 39,-- '" for "twords 11 read rlwords" -- ,",' , -page '18, line '9;'~ --~ " 'j> ' after n 1nves ted 11 ins ert ii wi th" , page 20, in the mllrgina1 heaq~~ to s9ct~on 406b,-, , i' for "and" read "orll - -'~' ,',' ~ 33 page 20, line '7, ~ ~' ---: - '! after ifwords" iii"sert·," and figures" ~ ,', <ii - - ' 34 page 21, line 18,: ': : ' for "proceeding'riraad "proceedings", 35 page 22, line 1,-before '(section 436" 1nsp~t "73" 36 page 22, line 3,·_ -t'" - ~ for "(1" read "(1)" --37 paga 22, lin~ ~~,~' ' ; after" (i)" insert !fin sub,~section (1),11 , - 38 page 23~ line2i," t, • r •• <1 •• after "shall" "j:nsert -"be" !', - 33 pace 23, line 29,-!2! 'magistrate at' read 'a magistrate of' -4,) pace a4, line 23 , _ after "or" omit "a" -41 pale 30, line 28,-!2!: 1t436 ( )" ~ "436 (2 ),r 42 pagg 34, l1ne 5~-_ l2! "pr 1 c1p1es" ~ "prine! 'ples" 43 pale3~f, 11ne 10 from bottom,-be fore "117" ins ert ii art! clen 44 • pa,e: 35, -line 2: from battcm,~ "" tor "rupee" read "rupees" --45 pal 36, line 5 from bottom, tor "state government tt read nstate governmentstr --46 page 38, l1ne 12,-ill "charges" read "chargefl 47 pale 38, i1ne 20,~ ~ 'for "part1culart" ':t9ad "particular" 48 pale 38 11 4 fr b tt " 1 , ne 1 am a om, -_ __ for "goernment" read "government" --49 page 38, l1ne 13 from bottooi, _ __ !er "power" ~ llpowarsrf 50 ~nge 39, lines 7'and 8, frombottom,-fs2! "disrtict mag1srate" ~ "districtmagistraten 51 page 41, line 8; _ !srr "hagistrat" ~ "magistrate" sa page 41, line 9,-tor "sentances" read iisentencesft --83 page 43,' l1ne 3 from' bottom',-for "d1stri" read "district" -- pto -'--<)i 11l; 54 page 44, if)" the m,arg1n'al heaaing ,to sect1,qij 96,-t: ' page 46, line 13,- ~ at the end -ii lr,~nd~f", ," - r '' - 56 page 46, against line 18,-,,~ " " for "80 of 1873" read "8 of 1878"'-'" ~~" ,57 ' , pag9 46, against ·'lin~ -'s"from bottom, -, ", ,: ,: -,:; '" ", for n1960""~" ~~1860n~' '" ,0'--: ':"' pag~ 46, line 2 from'obttom,:-i f' :: i','~ ,--: 1 58• ,l" ~,', " !2! "battingu ~ "abetting" f 59 page a:::r 1~:~~1:::~:::':-~'j" 60 page 49, line 12,-" ,' for "robor" 'read'<urobber" -'-, --- ~l • page 57, in the marg:lna,1 'heading to sec~1on ,174,- -, , 62 iii ,, _ page 60, in the marginal helading"to section ,250,- , , i ~ '" • ~'"" ', ", for itvaxation'sn;',~tlad:"nv~xat1o~n -' --' ,:,,", !, ," t, 63 page 61, line 8 from bottam,-~ - ! :, ! " for uor,~gdlng''''~ 'i'foregoing" ~' '" 64 page 61, lin~ 7 from bottom,- ~: ' for \i forpgong" ~ :ifo,regoing" 65 page 62, line 6,-omit "45 of !1860" 66 page 63, line 1,- , , - for "2650" read "265n --67 page 64, line 21,- for "he" read "tho" --68 page 69, line 10 from bott'om,~ for ii a in ra n of justice" read ---"administration of justice" 69 page 69, line 2 from bottom,-, for uwitness" read "witnesses" 70, page 74, line 6,-for tlnotificaion" read "notification" 71, page 75, 11ne 6,-omit 11 as" -72~ page 75, line in·, fran bottom,=, atter ucodssq uence" omit liinll -?b, page 79, line 17 trombottom,-omit "the" --~ 74 page sl, line 10 from 'bottom,- !ie it frad ulent" ~ ii fraudulent" 75, page 82, line 21,- _ for "of notice" ~ "or notice" 76 page 83, line 5 from bottom~-tor "maistrate" re-ad,,1'magistrateu --77 page 84, line ~,~ !$ "w1ltu:p' ~ ~iltul1y" 7n· page 84, line 32';-for "annoynace" ~ ti annoyancetl 79 page 88, line 14,-!!2! "maistrate" read "magistrate" 80 page 90, line 28,-ie! "omissions" ~ itomissionlt " , 81 page 91, line 17 trclll bottan,- m iiknwo" ~ "known" page 91, line 12 from bottom,- after "indian" read "coin~' page 92, line 4,-~ "the" page 92, line 17,-omit "tho" -page· 92, linos 2 and 3 frol!l bottom,-for "do1iferer" read "deliverer" --page 94, line 16 from bottom,- for "efficiency" read "efficacylt page 94, 11ne 15 from bottan·,-1 ·before "operation" insert j'lts'~ page 95, i1no,4,- ~ , " , after "on" 1ns ert "a" ·89 page 95, line 13 from bottom,-is!! "gaurd" ~ "guard" - 90 page 97, 11ne 20 from··'bot·tam,-before "ch11d" insert nail 91 page 98, 11no 12,-for "women's" read "-woman's" , 92 ~age 100, line 16 fram bottom,~ j ; ~('i-- f~wronerul n read "wrongtulltl -r 93 pllge 101, line 15 from bottom,-: for "or" road "of" 0 94 page 103, line 14,-for "sexau1" read "sexual" --' 9~ pa~e 108, line 3,-for "of" ~'tlor" 96 page 109, line 1 from b~ttom,-for "j!lprisonment" ,read "imprisonment" -~ , 97 page 113, line 3 from bottom,-!9! "noes" ~ "notes" 98 pago 114, line 9,-for "material" re~d "rlaterialsu 99 page 114, line 19,-:-" for " c ornmi t t ing 11 ~ "oini t t ing" 100 page 114, 1ino 26,-" for "committing" read "omitting" --101 page 115, line ~o from bottom,-~ troth" ~ -"other" , page 117, line 1, from bottom,- ' 102 before "years" insei"t· '''7'' lob page 120, line 1,-~ ,', for "section" read "sections" 104 page 121, line 8 froi:l __ bot~om,-for "conviction in certain case" 'read - "convictions in certain cases" , 105 page 121, line 7 t~om bottom,· i ' i r ' ',' (i) aftar "power" insert "to"; and (ii) !2!: tlkeping'" read "keeping" 'il ;" " _, " ;a:: , page 122, 11ne 10 from bottom,· for "powers tt read i'powerll --107 page 123, line 13,-for "order" read "orders" --108 page 124, l1ne 4,-for "powers" read "po\o/er" --109 'correct line numbers on pages 4,7,9,10,11,12,13 and 16; ltiw delhi ; september 5 '1966 bbsdri:i4,·i:bss{sakaj to the commencement of this ad in relation to a union territory ~ i :: ':?r"an area therein shall mean the date on whfch it comes into force ld that union territory ar area definition 2 in this act, "union territory" means the union territory of delhi or himachal pradesh 5 5 of 1898 3 por the purpose of separadoa of jadlclal 4 aecatlve fullcdolls, the code of crlmmal procedure, is9s ihad, ia itl application to a valoa territory~ be ameaded ia the madder _d to the ateat speculed fa the schedule amendmentstq code of criminal procdme, 1898 amend-4 the provisions of this act whfch amend the code of criminal 10 s of 1898 ments not procedure, 1898 so as to alter the manner in wbleh, the authority to j'ender by which, or the law under or in aecordance with which, any powers ~~d dati- are exercisable, shall not render invalid any notiflcation, order, _10d1 etc; ~ commitment, attachment, bye-law, rule or regu1atlo~ duly made or commence- issuf!<! ()f' bdvthiug duty done belbre tf\, commencement of this act, 15 meat of ~ and any such notiftcatlon, order, commitment, attachment, bye-law, rule or regulation or thing may be revoked, varied or 'undone in the like manner to the like ~t and in the like clrcumstances, as if it had been duly made, issued or done after the commencement of this act by the :competent authority and in a~ce with the 20 provisions then'''applieable tc? su~h ~ ~' '" ' i, :,;\ -1 :: - , functions 5 where under any law tlie functfons exercisable by a magisexercisa- trate tplate to matters which i~yolve the appreciation or sifting of b~e by judi- evfden ~e or the formulation of aily decision which exposes any per-~~ son to any punishment, or penalty; or detention in custody pending 25 mqistntes investigation, inquiry or trial:or would have the effect of sending him for ~,~s~~\a~"ng?'p;tbht"bhf\jll~~,: ~"~'~:'~ ,qte 5 f 18~8 " prlvisfons·of • ' ~ i ~~)~4\~1\~\ pode ~~ crhnb1"j~ ~,",1898, ar 8d'lended by ml8 act, be exercisable by a judicial magistrate; and wbere such funettbds: rinate i to i matters which arij :admtntstrattve or 30' - executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctjoning a prosecution, or withdrawing from a prosecution,tbw·sball, subject as aforesaid, be exen:isable by an executive magistrate saving 6 (1) save as provided in this section, nothing in this act shall 35 be deemed to aftect-(a) the validity, invalidity, effect or consequence of anything done or suftered to be done before the eommeneement of this act;'~ fb) any right, privilege, obligation or liability aiready'40 ac4 uired, accrued or incurred before such commencement; (c) any penalty, forfeiture or punishment incurred or inflicted in rfjlj)ect of any act before such commencement; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be 5 instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of this act and the code of criminal procedure, 1898, as amended by this act (2) all legal proceedings pending before a magistrate or court 10 immediately before the commencement of this act shall, if such magistrate or court ceases to have jurisdiction in respect of such proceedings under the provisions of the code of criminal procedure 1898, as amended by this act, stand on such commencement transferred to the magistrate or court having jurisdiction under the is provisions of the code of criminalprocedure, 1898, as amended by this act and shall be heard and disp~ of by such magistrate or court and such magistrate and court shall have all the powers and jurisdiction in respect thereof as if they had been originally instituted before such magistrate or in such court, including the power 20 of the succeeding magistrate under section 350 of the code of criminal procedure, 1898 1 if any difficulty arises in giving effect to the provisions of this power to act, the central government, in coll!ultation with the wgh court, remove dim may by order do anything (including the specification of the appro- cultia 5 priate magistrate, whether judicial or executive, having jurisdic-2 tiod under any law) not inconsistent with such provisions and for the furtherance of the purposes of this act which appear to it to be necessary or expedient for the purpose of removing the cwilc:ulty the schi!;dule30 (see aectlod 3) tim code 01' cbimjnal procmuu 1898 (501' 1888>1 for section 6, the following shall be substituted, namely:-35 "6 besides the high court and the courts constituted under cl f any law other than this code for the time being in force, there cr~:e:a~ shall ,be two classes of criminal courts, namely:-courtl i courts of session ii courti of malistrates a-i classes of magistratesclasses of mlaisuate 6a there shall be the following dasses of magistfates, namely:-i j l dicial magistrates: s (i) chief judicial magistrates (2) judicial magistra~es of the first class (3) judicial magistrat~ of the second class (4) special judicial magistrates ii executive magistrates: (1) district magistrates 10 (2) sub-divisional magistrates (3) executive magicrtrates of the first class (4) executive maristrates of the second class _ _ '" ) (5) special e~ecuth,e magi_tea" 2:for section 7, the following sectionshall be substituted, name- is ly:-"7 (1) every state shall cunsist of sessions divisions' and every ~ll'ssions division sh al 1: fer the purposes of this code, be: a district or part of a district or- consist of districts sessions divisions and districts (2) the ~8te government, in consultation w~th the high 20 court, may ~terthelimits or the d~~ of such divisions aad ,~ c~ 1_0 - _ -, •••• ~ " !',,lc!~"':" (3) the sessions divisions arid-districts existing in the union territory of delhi or him~ pj~~ immediately before the commencement of the delhi and himachal pradesh (separation 2s of judicial and executive functions) act, 1966 in that union territery shall be sessions divisions and districts respectively, unless and until they are altered as provided in sub-section (2)" 3 in section 9,-(i) in sub-section (1), after the words "sessions division, 30 and" the words "in consultation -with the high· court," shall be inserted; (ii) in sub-section (2), after the words "state government", the words "in consultation with the high court" shall be inaerted", 3$ (iii) in sub-eection (j), after the words "may also", the words "in consultation with the high court" shall be~~ ed;and (iv) in sub-section (4), after the words "state government", 5 wherever they occur, the words "in consultation with the high court" shall be inserted 4 in section 10,-10 (i) for the marginal heading, the following shall be substituted:-"district magistrate and chief judicial magiltrate" (ii) in sub-section (1), for the words "a magistrate", the words "an ·executive magistrate" shall be substituted; and after that suthection as· 90 amended, the follewing sub-sections -shall be· i,rted, namely:-15 "cia) in every district the state gove~ed~ ~alll in consultation with the high court, invest a judicial ~gis· trate 0'£ the first class with the powers of a cl:uef judicial magistrate under this code or any other law fo; 'the time being in force 20 (ib) the state government may, in consultation with the high court, appoint any judicial magisuate of the ·arst class to be an additional chief judicial magistrate and such additional chief judicial magistrate shall have all orad, of the·powers of a chief judicial j&ptrate ·jefured to in sub-section (ia) as the state govamment ·may dinet"; 25 (iii) in sub-section (2), for the words "any ~gistrate of ·the first class", the words "any executive magistrate of the first class" shall be substituted; (iv) for sub-&ection (3), the following sub-section shall be substituted, namely:-30 35 "(3) for the purposes of section 88, sub-seetion (6e), section 406b and section 528, sulhectiods (2b) and (3), sueh additional district magistrate shall be deemed to be subordinate to the district magistrate; and for the purposes of section 88, sub-section (6c), section 192, sub-section (1), section 406b and section 528, su~ojj$ (2) add (za), such additional chief judldal magistrate aball be deemed to de subo~inate to the chief judicial maptrate" 5 for section 12, the following section shall be substituted, namely:-executive and judicial mvgistrates "12 (1) the state government may appoint as many persons \ as it thjnks fit, besides the district magistrate, to be executive magistrates of the first or second class in any district, and the 5 state government or the district magisj,l'ate, subject to the cotro! of the state government, may, from time to time, define loc:al areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this code 10 (2) the state government, in consultation with the lli&h court, may confer on any person who is a member of the judicial service of the union territory of delhi or himachal pradesh, the powers of any class of a judicial magistrate in any district and the state government, in consultation with the iiiih court, 15 or the chief judicial mapaate, subject to the control of the iifch co1l1't, may, from time to time, define local areas within which h, may exercise all or any of the powers with which he may be invested under this code (3) the state government, in consultation with the hi~h 20 court, may, for such period not exceeding three years from the commencement of the delhi and himachal pradesh (separation of judicial and executive functions) act, 1966, as it may think fit, appoint as many persons who are members of a civil service ia the union territory of delhi or himachal pradesh or in any 25 state who are or have been exercising the powers of a ma,utrate in such territory or state at or before the commencemenl of the said act, as may be considered necessary to be judicial magis- tratel in any district; and the state government, in consultation with the hieh court, may define local areas within winch such 30 ,edou may exercise all or any of the powers with which the)' 1db1', respectively be invested under this code (4) except as otherwise provided by such delinition, the jurisdiction and powers of such persons shall extend throughout such district" 35 6 in sub-section (1) of section 13, for the word "magistrate", the words "executive magistrate" shall be substituted special judicial mqiatrate 7 for section 14, the following section shall be substituted, namely:-"14 (1) the state government may in consultation ,·,ith 40 the mgh court, confer upon any person who holds or has held bdy judicial post under the union or a state, or possesses such ether qaaulcations, as may, in consultation with the ri,h court, 5 be speeifled in this bebalf by the state gov8idldaat 117 aotffteatiod id the oftidal gazette, all or any of the powers eonferred or conferable by or ldlder this code on a judicial magistrate in resped to particular eases or to a partieular class of cases, or in relard to cases generally in any local area such magistrates shen be caued special judieial magistrates and shall be appointed for such term, as the state government may, in consultation with the high court, by general or special order, direct (2) the state government may also appoint &eeutive malis- special 10 trates tor particular areas or for the performance of particalar judicial fadctiods aacl confer on 'them lucia powers al it d1iii st such magistra-magi!ltrates shan be caned special &ectudve macistrates and shall tel be appointed for such term as the state govemmeat ma)', b)' general or 'speclal order, direct" 15 8 for sub-section (1) of section 15, the following sub-section shall b~ substituted, namely:-"(j) the state government, in consultation with the high court, may bedell of direct 8uy two or more judicial magistrates in an¥ place in the union tem-=tes tory of delhi or himachal pradesh to sit together as a bench, and may by order invest such bench with an y of the powers conferred or conferable by 20 or under the code on a judicial magistrate of the first or secord clus, and direct it to exercise such powers in such cases, or, such classes of cases only and within such local limits as the state government, in consultation wi th the high court, thinks fit" 9 in section 16,-,e,) for the words lethe state government may, or, subject to the control of the state government, the district magistrate"', the words "the high court subject to the approval of the state go'vernment ", shall be substituted; and 30 (ii) for the words "magistrates' benches", the words "judicia' magistrates' benches" shall be substituted 10 for section 17, the following sections shall be substihlted, namely:-35 "17 (1) all judicial magistrates appointed under sub-sections subordida-(2) and (3) of section 12 and section 14 and all benches eonsti- tion ofjadituted under section 15, shaii, subject to the control of the sessions cial magistrates and bencbeato chief judicial mqiltrates hkip, be 'subordinate to the chief judicial ma~, and the chief judicial magistrate may, from time to time make rules or give special orders consistent with this code as to the distribution of business among such magistrates and benches and of chief (2) all chief judicial magistrates shall be subordinate to 5 the sessions judge (3) all assistant sessions judges shall be subordinate to the sessions judge in whose court they exercise jurisdictien, :1nd judicial i magistrates and assistant sessions judges to sessions judge the sellionafudge may, form time to time, make rules onaiatent with tbjli -code 'to the- dilllribution of business amagn -such assistant 10 saaiodl11b18'e& -(4) the sessions judge may also, when he himselfis un" avoidably absent or incapable of acting, make provision for the disposal of any urgent ,ppiication by an additional ora8$jstant ~ons ludge, or, -'ff- there be no additional or assiatult $-sions·is judge, by the chief judicial magistrate, and suell judge ot magistrate shall have jurisdiction to deal with any such application suborchnation of executive magistrates _ 17a (i) all biectttive'magistrates appointed under sub-sedion (i) of section 12 --attd section 13 shall be subordinate to the district magistrate and every executive magistrate (other thlin a 20 :stib-diyisidnal "magistrate) exercising powers in a sub-divisron ''sb81l also be-stiboi'dinate'to the ·sub-aivisionarl\tagfstrate, 'subject, ho~r, to the general control of the district magfstrate (2) the district magistrate may, from time to timf!, make rules or give special orders consistent with this '«!ocie as t'o the 2s _ 4is~b~tion of bus~~ss among executive magistrates ~bordinate -to 'him and as to ailocation of business to an additional district magistrate 17b courts of session and courts of judicial and executive magistrates shall- be criminal courts inferior to the high court 30 and courts of judicial and executive-magistrates shall be criminal courts inferior to the court of session" courts in ferior to the high court and court of session 11 for sub-section (1) of section 29, the fonowing sulrsection shalt be substituted, namely:-"(1) subject to the other provisions of this code, any offence 35 under any other law shall, when any court is mentioned in this behaif in such law, be tried by such court: -provided that if the court so mentioned is a court specified in column (1) of the table below, such offence shall be tried by the court of the judicial magistrate specified against it in column (2) thereof 5 | name | of ||----------------------------|------------|| court | || specified | || court by which triable | || in the | || law | || (2) | || (i) | || i | || district | || magi~trate | || chief judicial magistrate | || 10 | || judicial magistrate of the | || first class | || 2 | || magistrate of _ the first | || class | || 3· | || sub-divisional magis- | || trate | || judicial malistrate | || of | the || first class | • || 15 | || 4· | || magistrate | || of | || the | || second | || 1 | || class | || judicial | magistrate || second | || class | || 5· | || magistrate of the third - | || class | || j | || judicial magistrate" | || 20 | || 6 | || magistrate (except where | || it | || occurs | || in any expres- | || sion mentioned above) | |12 in section 29b, for the words cia district magistrate or a chief presidency magistrate, or by any magistrate specially empowered by the state government", the words "a chief judicial magistrate or any other judicial maiistrate' s~eciaiiy em~wered by the 'state govem-25 ment in consultation with the' high court" shall be substituted 13 for section 30, the following section shall be substituted, namely:-"30 notwithstanding anything contained in section 28 or offences section '29, the state government, in consultation with the high punishable 30 court, may invest any chief judicial magistrate or any other with impri judicial magistrate of the first class with power to try as a judi- ~o;:::~:; cial magistrate all offences not punishable with death or with seven yean imprisonment for life or with imprisonment for a term exceeding seven years: 35 provided that no chief judicial magistrate or judicial magistrate of the first class shall be invested with such powers unless 1479 (b) 18-2 he bas, for not less than ten years, exercised as a magistrate powers not inferior to those of a magistrate of the first class: provided further that if any judicial magistrate of the first class has, prior to his appointment as such magistrate, exercised tilt! powers of an assistant sessions judge, he may be itwested s with the powers under this section notwithstanding the fact that he has not exercised the powers of a magistrate of the first class for not less than ten years" 14 in section 32,-10 (a) in sub-section (1),-(i) in the opening sentence, before the word "magistrates", the wotd "judicial" shall be ~n~~rted; (ii) in clause (a), for the words "courts of 'presidency magistrates and of magistrates of the first class: ", the!! words "courts of judicial magistrates of the first class:'~~ 'and in is clause (b); for the words "courts of magistrates", the words "courts of judicial magistrates" shall be substituted; (iii) clause (c) shall be omitted (b) in sub-section (2), for the words "any magistrate", the words "any judicial magistrate" shall be substituted 20 15~ in section 33, ip subi-section (1) ,-(i) in the op~n~ng 'p~agrapb, for the words "qy ~"s~4te", the words "any judicial magistrate" shall be substitute~; (ii) in the proviso, in clause (b), for the words "by a magistrate", the words "by a judicial magistrate" shall be substituted 25 16 in the marginal heading of section 34, for the word "district", the word "judicial" shall be substituted 17 in section 36, after the words "disfrict magistrates," the words "chief judicial mngistrat-es" shall be inserted; and for the words "magistrates of the first, second and third r'as~t"-·j the words "judi- 30 cial and executive magistrates other than special judicial or executive magistrates" shall be substituted is for sections 37 and 38, the following sections shall be substi: tuted, namely:-5 "37 in addition to the ordinary powers,-additional powers (i) the state government in consultation with the high conferable court, may invest any judicial magistrate with any of the on ma,is- , trates \ powers as specified in part i (a) of the fourth schedule; 10 ciz) a c!lief judicial ~1agis!rate may invest any judicial magistrate within his local jurisdiction with the powers specified in plrt i (8) of the fourth schedule; (iii) the state government may invest any executive magistrate with any of the powers as specified in part ii (a) of the fourth sched:ile; and 15 (iv) a district magistrate may invest any executive magistrate within his local jurisdiction with the powers specified in part ii (b) of the fourth schedule 20 38 the pow~ co¢"erred on the chief judicial,ma8istratc under exercise clause (i,) of s!ction 37 s~all be exerci$ed sjbject to the control of the of powers high court and the state government and the power conferred on the under district magistrate under clau~ (;'0) of that s:ction shall be exercised section 37 ubject to the control of the s tate government" jbyd~ielf u icla magistrate or district malistrateto be subject to control of high court or stateoovernment 19 after section 38, the following section shall be inserted, namely:-2s 30 "38a whenever, under any provisions of this code or of powers on any other law for the time being in force relating to any of judicial the matters specified in lists ii and iii of the seventh sche- malis_ c " d' b" d trates to dule to the onotltutlon, any ju lelal powers are to e con,erre on be codfera sessions judge, or an additional or assistant sessiou judge or a red in chief judicial magistrate or any other judicial magistrate ~r any consult&-such mag:strate is to 'be specially empowered to exercise such tion with powers, the orders conferring such powers or empowering the ~:!t exercise of such powers shall be made by the state government in consultation with the high court notwithstanding that such provision may not expressly so provide explanation-for the purposes of this section, the qu'estion whether any powers are judicial shall be decided iby the state 5 government in consultation with the high court and such decision shall be final" , 20 in sub~section (1) of section 39, for the words "the state government", the words "the state government, in consultation with the high court; where necessary," shall be substituted 10 21 in section 40, for the words "the state government", occurring for the second time, the words "the state government, in consultation with the high court, where necessary," shall be substituted 22 in section 41-15 (i) in sub-section (1), after the words "the, state government", the words "in consultation with the idgh court, where necessary," shall be inserted; and , (ii) for sub-section (2), the following sub-section shall be substituted, namely:-{ , 20 "(2) any powers conferred by the chief judicial magistrate or the district magistrate may be withdrawn by him"~ i 23 in section 57,-(i) in sub-section (2), for the words "a magistrate", the 25 words "a judicial magistrate having jurisdiction" shall be substituted; i i (ii) in sub-section (3), for the word "magistrate", the words "judicial magistrate" shall be substituted 24 in section 63, for the word "magistrate", the words "magis- 30 trate having jurisdiction" shall be substituted :as for sub-section (1) of section 78, the following sub-section 14hall be substituted, namely:-"(1) a district magistrate or a chief judicial magistrate ur any other judicial magistrate of the first class or a sub-divi- 35 aional magistrate may direct a warrant to any landholder, farmer or mana«er of land within the area of his jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit" 26 in s~ction 88,-, s (a) in sub-section (2), after the words "district magistrate", the words "or chief judicial magistrate" shall be inserted; ! 10 (b) in sub-section (6 b), after the words "district magistrate", the words "or chief judicial magistrate" shall be inserted; and (c) for the proviso to sub-section (6c), the following proviso shall be substituted, namely:-"provided that if it is preferred or made in the court of a district magistrate or chief judicial magistrate, he may make it over for disposal to any magistrate subordinate to him, and such magistrate shall have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such magistrate and the claim or objection had been originally preferred or made before him" i 20 27 in section 95, after the words "district magistrate", wherever they occur, the words "chief judicial magistrate" shall be inserted 28 in sub-section (2) of section 96, after the words "district :magistrate", the words "or chief judicial magistrate" shall be in-2s serted i ~! 29 in section 98, after the words "district magistrate", wherever they occur, the words "chief judicial magistrate" shall be inserted 30 in sub-section (1) of section 106, for the words "court of a presidency magistrate, a district magistrate, a sub-divisional magis-30 trate or a magistrate", the words "court of a chief judicial magis- trate or any other judicial magistrate" shall be substituted 31 in sectiors 107, 108 and 109, for the words "magis:rate of the first class" and in section 110, for the words "a magistrate of the first class", the words "an executive magistrate of the first class" 35 shall be substituted ! i ': 32 in section 124,-(i) for the words "chief presidency", wherever they occur, the words "chief judicial" shall be substituted; (ii) in sab-section (1), for the words "under thls chapter", the words "under section 118 or, as the case may be, under section 106" shall be substituted; and (ni) in sub-section (2), for the words "under this chapter", the words "u~der section 106 or, as the case may be, under 5 section 118" shall be substituted 33 for section 125, the following section shall be substituted, namely:-"125 the chief judicial magistrate may at any time, for sufficient reasons to be recorded in writing, cancel any 'bond for 10 keeping the peaee executed under section 106 and the district ~lagistrate may at any time likewis! cancel any bond for keeping the peace or for good behaviour executed under section 118 by 6tdel" of inycourt in his district not ~perior to his court" 15 power of chief judicial magistrate to cancel any bond for keeping the peace or good behaviour (i) in·sulb-section (1), for the words "to a presidency magistrate, district magistrate, sub-divisional magistrate or magistrate of the first class", the words "to the court by which an order to give security was made under s:ction i 06 or section i 18" shall be substituted,; and 20 (ii) for sub-section (2), the following sub-section shall 'be substituted, ,:!whely:-"(~j;'lbii such application being ma~, the court ,shall issue summons or warrant, as it thinks fit, requiring the person 'for whom such surety is bowld to appear or to be 25 brought berore it" 35 in'sections 127, 128, 129, 131 and 132, for the word "magistrate", wherever it occurs, the words "executive magistrate" shall be substituted and ill sections 130 and 131, for the words "a magistrate", the words "an executive magistrate" shall be substituted 30 36 in section 133,-(i) in the opening paragraph of sub-section (1) and in sub-section (2), for the words "a magistrate", the words "an executive magistrate" shall be !'>ubstituted; and (ii) in the closing paragraph of sub-section (1), for the~' words "magistrate of the first or second class", the words "executive magistrate" shall be substituted 37· in section 143, for the words "any other magistrate", the words "any other executive magistrate" shall be substituted 38 in sub-section (1) of section 144, for the words and brackets "any other magistrate (not being a magistrate of the third class) ", 5 the words "any other executive magistrate" shall be substituted 39· in sub-section (1) of section 145 and sub-section (1) of section 147, for the words "magistrate of the first class", the words "executive magistrate of the first class" shall be substituted 40 in sub-section (1) of section 155, the words "having power to 10 try such case or commit the same for trial" shall be inserted at the end 41 for sub-section (1) of section 164, the following sub-section shall be substituted, namely:-, "(1") any executive magistrate of the first clasa and any i 5 executt~ megj8trat, of the second class (not being a police oftieer) specially empowered in this behalf by the state government, and any judicial magistrate of the first class or any judicial magistrate of the second class specially empowered in this behalf by the state government in consultation with the high court, 20 may record any statement or confession made to him in the course of an investigation under this chapter or under any other law for the time being in force or at any time afterwards before the commencement of the inquiry or trial" 42 in section 167,-35 (1) for the proviso to sub-section (2), the following proviso shall be substituted, nantely:-"provided" that· no executive or judicial magistrate of the second class not specially empowered in this behalf by the state government in consultation with the high court, where necessary, shall authorise detention in the custody of the 30 police "; and (ii) for sub-section (4), the following sub-section shall be substituted, namely:-3s "(4) if such order is given by an executive magistrate other than the district magistrate or sub-divisional magistrate he shall forward a copy of his order, with his reasons for making it, to the magistrate to whom he is immediately subordinate and if such order is given by a judicial magistratp, he shall forward a copy of his order, with his reasons for making it, to the chief judicial magistrate" 43 in sub-section (3) of section 170, for the words "district magistrate or sub-divisional magistrate", the words "chief judicial 5 magistrate" shall be substituted 44 in 91 b-section (5) of section 174, for the words "magistrate of the first elliss and any magistrate", the words "executive magistrate of the first class and any other executive magistrate" shall be substituted 10 45 in sub-section (1) of section 186, for the words "a presidency magistrate, a district magistrate, a sub-divisional magistrate or, if he is specially empowered in this 'behalf by the state government, a magistrate of the first class", the words "a district magistrate, a chief judicial magistrate, a sub-divisional magistrate, or, if he is specially is empowered in this behalf by the state government in consultation , with the high court, where necessary, an executive or judicial magistrate of the first class" shall be substituted 46 in sub-section (1) of section 187, for the words cia presidency magistrate or dh:trict magistrate such magistrate shall send the 20 person arrested to the district or sub-divisional magistrate", the words "a district magistrate or chief judicial magistrate, such magistrate shall send the person arrested to the district or sub-divisional magistrate, or, as the case may be, to the chief judicial magistrate" shall be substituted -2s 47 in section 190,-(i) in sub-section (1), for the words, "any presidency magistrate, district magistrate or sub-divisional magistrate and any other magistrate", the words "any chief judicial magistrate and any other judicial magistrate" shall be substituted; 30 (iz) in sub-&:!ction (2), for the word, "the state government, or the district magistrate, subject to the general or special orders of the btate government, may empower any magistrate", the word3'''tne state government in consultation 'with the high court or the chief judicial magistrate, subject to the general or special 3s orders of the high court, may empower any other judicial magistrlte" shall be substituted; and (iii) in sub-section (3) for the words "state government may empower any magistrate", the twords "state government, in consultation with the high court, may empower any judicial magistrate" shall be substituted 48 in section 192,-s (i) in sub-section (1), for the words "any chief presidency' magistrate, district magistrate or sub-ciivisional magistrate", the words "any chief judicial magistrate" shall be substituted; and (ii) in sub-section (2), for the words "district magistrate", the words "chief judicial magistrate" shall be substituted 10 49 in sub-section (2) of section 193, for the words tethe state government", the words "the state government, in consultation' with the high court," shall be substituted ~' 50 in section ·t96b, for the w~rds "chief presideji~y·magistrate", the words "chief judicial magistrate", shall be substituted ·in-in sub-section· (1) of section 206, for the worda:and' braekets "any presideney magistt"ate, district magisuate, sub-divisional ~agistrate or magistrate 'of the first class or any magistrate (not being a magistrate of the thirdc1qss) empowered in this behalf by the state government", the words "any chief judicial magistrate or a judicial magistrate of the first class or any judicial magistrate of the second class empowered in this behalf by the state government, in consultation with the high court," shall be substituted 52 in section 249, for the words "a presidency magistrate, a magis-·trate of the first class, or, with the previous sanction of the district magistrate, any other magisti'ate", the words "a judicial mag18trate of-·ute first class, or, with "the previous sanction of the chief judiclial magistrate, any judicial magistrate of the second class" shall be substituted 53 in sub-section (3) of section 250, the words "or third" shall be omitted 54 in the opening paragraph of sub-section (1) of section 260, for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-~ t: "(a) the chief judicial magistrate, i" (b) any judicial magistrate of the first class specially em-' , ;" ;~3s powered in this behalf by the state government, in consultation l 'with the high court, and r7!l (b) ls-7· (c) any bench of judicial magistrates invested with the powers of a judicial magistrate of the first class and specially emptlwered in this behalf by the state government ,in consulta-"tion with the high court," 55 [n section 26r ,-5 (i) in the marginal heading, for the words "bench of magistrates", the w)rds "bench of judicial magistrates" s~all be substituted; (ij) in the opening paragraph, for the words "state government may confer on any bench of magistrates invested the powers of a magiutrate of the second or third class", the words "state government 10 in consultation with the high court may confer on any bench of judicial magistrates invested with the powers of a judicial magistrate of the second class" shall be substituted 56 in section 263, for the words "bench of magistrates", "the words "bench of judicial magistrates:' and for the words "the state government", 15 the words "the high court" shall nspectively be substituted 57 in sub-section (2) of section 265, for the words "the state government may authorize any bench of magistrates", the words "the state" government, in consultation with the high coun, may authorise any bench of judicial magistrates" shall be substituted 20 58 in sub-sections (1) and (2) of section 269, after the words "state government", the words "in consultation with the high court" shall be inserted 59 in section 337, in sub-section (1) ,-(i) in the opening paragraph, for the words "a presidency 25 magistrate, a sub-divisional magistrate", the words "the chief judicial magistrate" shall be substituted; (ii) for the proviso, the following proviso shall be substituted, namely:-"provided that where the offence is under inquiry or 30 trial, no magistrate of the first class other than the chief judicial magistrate shall exercise the power hereby conferred unless he is the magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no magistrate of the first class other than the district magis- 35 trate or the chief judicial magistrate shall exercise the power unless he is the judicial magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the chief judicial magistrate has been obtained to the exercise thereof" 40 60 in section 338, for the words "district magistrate", the words "chief judicial magistrate" shall be substituted 61 in &ub-section (1) of section 346, after the words "district magistrate", the words "or the chief judicial magistrate, as the case may be," ~hal1 be inserted 62 in section 349,-5 (i) in sub-secti'on (1),-(a) for the words "a magistrate of the second or third class", the words "a judicial magistrate of the second class" shall be substituted; and (9) for the words "district magistrate or sub-divisional t(l magistrate", the words "chief judicial magistrate" shall be substituted; and (ii) in sub-section (la), for the words "district magistrate or sub-divisional magistrate", the words "chief judicial magistrate" shall be substituted ~ :' : :': '; : ,,: 15 63 for section 373, ,the following section shall be substituted, namely:-, j ', : '" "373 in cases tried by the court of session, the court shall court forward a copy of its finding and sentence (if any) to the district of session magistrate and tile chief judicial magistrate within the local tosend 20 limits of whose juri~dict~on the trial was held" ~~: and sentenceto district magistrate and chief judicial magis-·m in section '380, ':t~t' t~e;~ords "magistrate of ijle first class or trate a sub-divisional' magistra't~jj, ·:the words "judicial magistrate"of the first class" shall be substituted 65 for section 406a, the: 'following sections shall be substituted, 25 namely:-''406a any person aggrieved by an order refusing to accept appeal or rejecting a surety under section 122 may appeal against from d or er such order ,-refusing (a) if made by the district magistrate or the chief judi- to ac~ept 30 cial magistrate, to the ourt of session; ~~gr:ject-(b) if made by an executive magistrate other than the surety district magistrate, to the district magistrate; and (c) if made by a judicial magistrate other than the chief judicial magistrate, to the chief judicial magistrate 406b the district magistrate or the chief judicial magistrate may trarsfer any appeal presented to him under section 406a to an additional district magistrate, or to the additional chief judicial magistrate, as the case may be, and such additional district magistrate or additional chief judicial mu,istrate may s hear and dispose of the appeal" transfer otappeal toadditiona! district magistrateand to additional chief judicial magistrate 66 in section 408, for the words "a district magitrate or any other ¥agi$trate, or any person sentenced under section 549 or in respect o~ whom an order has been made or a sentence has been passed under section 380 by any magistrate", the words nor a judi,cial 10 magistrate or any person sentenced under section 349 or in respect of whom· an, order,' has been made or a sentence has been passed under section 380 by a judicial magistrate" shall be suntituted 67 in section 409,-(i) in the proviso to sub-section (1), the w\~ "or third" is shall be omitted; and (ii) in sub-section (2), for the words "stah- government", the words "state government, in consultation ,'lb the high court" shall be substituted - 'j 68 ii) secu,on 412, for,the words "magistrate , ~ da"':',20 th~ wo~sc'jvdic~alrm,gi$""te of the filst cjass~' -- suhm~ i i •69 in section 413, for the words "or district rsate or other magistrate", the words "or chief judicial magistrate- ~ j'mer judicial magistrate" shall be s1:1bstituted 70 in sub-section (1) of section 425 for the ~ "district 2s , , magistrate" wherever they occur, the words '-cme: :'-iicial magistrate" shall be substituted, and the words "and a ~ ~f shall be forwarded to the district magistrate" shall be ids&1ic 1& the end 71 in sub-section (1) of section 428, for tm w'i'\f --magistrate", wherever it occurs, the words "judicial magistr u be substitu- 30 ted 72 for section 435, the following section shall be substituted, namely:-5 10 "435 (1) the high court or any sessions judge may call for power and examine the record of any proceeding before any inferior to call criminal court situate within the local limits of its or his juris- _ ~:ords diction and any chief judicial magistrate may call for and ex a- ;of inferior mine the record of any proceedings before any judicial magistrate courts under his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any -proceedings of such inferior court or such magistrate, as the case may be, and may, when calling for such record, direct that the eixecution of any sentence or order be suspended and, if the accused is in confinement, that he be released on bailor on his own bond pending the examination of the record is (2) the district magistrate or any sub-divisional magistrate empowered by the state government in this behalf, may call for and examine-the record of any proceeding before any ~ubordinate executive magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed,and, as to the regularity of any proceedings of such subordinate-magistrate and may, when calling for such record, direct that the execution of any order be suspended and, if the person is in confinement, that he be released on bail on his own bond pending the examination of the record 25 (3) if any sub-divisional magistrate acting under sub-section (2) -considers that any such proceeding or order is illegal or improper he shall forward the record, with such remarks thereon as he thinks fit, to the district magistrate 30 (4) the high court may call for and examine the record of any' pjot:eeding under section 118, 122, 143, 144 or 145, notwithstanding the fact that such proceeding was before an executive magistrate - 3s 40 (5) if an application in respect of any proceeding before any judicial magistrate other than the chief judicial magistrate has been made under sub-section (1) either to the sessions judge or the chief judicial magistrate, no further application shall be entertained by the other of them and if an application in respect of any proceeding before any executive magistrate has been made to the sessions judge under sub-section (1) or to the district magistrate under sub-section (2) no further application shall be entertained by the other of them" section 436 shall be re-numbered as sub-section (1) thereof, and-(i) in sub-section (1 as so re-numbered-(a) for the words "district magistrate", wherever they occur, the words "chief judicial magistrate" shall be substi-5 ruted; (b) in the proviso, for the word "section", the word "sub-section" shall be substituted; (ii) after sub-section (1) as so re-numbered, the following sub-s;!ction shall be inserted, namely:-10 ii (2) on examining any record under section 435 or otherwise, the district magistrate may direct any sub-divisional magistrate or any other magistrate subordinate to him to make, and the sub-divisional magistrate may himself make or direct any subordinate magistrate to make, further 15 ; nquiry into any proceeding in which an order of release or hscharge has been made under section 119: provided that no district magistrate shall make any direction under this sub-section for further inquiry into the :ase of any person who has been released or discharged un- 20 less such person has had an opportunity of showing cause why such direction should not be made" 74 il section 437, for the words "district magistrate", wherever they oc\ ur, the words "chief judicial magistrate" shall be substitu-~ ~ 7 5 it ~ection 438,- (i) for the words "district magistrate'\ the words "chief jud ~ial magistrate" shall be substituted; and (ii) after sub-section (2), the following sub-section shall be inse:ted, namely:-30 "(3 the district magistrate, on examining under sec-ion 435 or otherwise the record of any proceeding,-(a) shall, if such proceeding is in respect of an order ander section 118, 122, 143, 144 or 145 and if he thinks that the order made in such proceeding should be rever- 3s sed or altered, report for the orders of the high court the result of such examinatiod; 5 (b) may, if such proceeding is in respect of an order made under any other section, exercise, subject to the provisions of sub-section (2) of section 436, any of the powers conferred on a court of appeal by sections 423, 426, 427 and 428" 76 in sub-section (3) of section 439, for the words "a magistrate of the first class", the words "a judicial magistrate of the first class" shall be substituted 77 in section 479, for the words "presiden~y magistrate, district iomagistrate or other magistrate",the words "chief judicial magistrate or any other judicial magistrate" shall be substituted 78 in sub-section (1) of section 488, for the words "district magistrate, a presidency magistrate, a sub-divisional magistrate or a magistrate", the words "chief judicial magistrate or any other judicial 15 magistrate" shall be substituted 79 in sub-section (2) of section 512, for the words "any magistrate of the first class", the words "any judicial magistrate of the first class" shall be substituted 80 for section 515, the following section shall be substituted, 20 namely:_ "515 all orders under section 514 shall appealable-appeal from, (i) to the district magistrate, if passed by an executive and revi-25 magistrate; and sian of orders (ii) to the chief judicial magistrate, if passed by a judi- under cial magistrate section , 514-or if not so appealed, may be revised by such district magistrate" or, as the case may be,by the chief judicial magistrate" 81 in section 524,-(i) in sub-section (1), for the words "magistrate at the first 30 class", the words "executive magistrate of the first class" shall be substituted; and (ii) in sub-section (2),for the words "to the court to which appeals against sentences of the court passing such order would lie", the words "to the sessions judge" shall be substituted 3582 in section 528,-(,) in sub-section (2),-(a) for the words "any chief presidency magistrate, district magistrate or sub-divisional magistrate", the words "the chief judicial magistrate" shall be substituted; and (b) for the marginal heading, the following shall be substituted namely: -"chief judicial magistrate may withdraw or refer cases'; (ii) after sub-section (2), the following sub-sections, shall be s inserted, namely:-"(2a) the state government in consultation with the high court, may authorise the chief judicial magistrate to withdraw from any magistrate subordinate to him either such classes of cases as he thinks proper, or particular elasses of 10 cases power to authorise chief judicial magistrate to withdraw classes of c,!lses district magistrate may withdraw or refer cases (2b) any district magistrate may withdraw any case from, or recall any case which he has made over to, any magistrate subordinate to him, and may inquire into such case himself, or refer it for inquiry to any other such magis- is trate competent to inquire into the same" 83 in sub-section (2) of section 559, for the words "the chief presidency mag;strate in a pres~dency-town, and the district magistrate outside such towns", the words "the chief judicial magistrate in the case of judicial magistrates and the district magistrate in the 20 case of executive magistrates" shall be substituted 84 in section 561, for the words "a chief presidency magistrate or a district magistrate", wherever they occur, the words "a chief judicial magistrate" shall be substituted 85 in the proviso to sub-section (1) of section 562,-(i) for the words "magistrate of the third class, or a magis-· trate of the second class not specially empowered by the state government" the words "judicial magistrate of the second class not specially empowered by the state government in consultation with the high court" shall be substituted; and 30 (ii) for the words "magistrate of the first class or sub-divisional magistrate", the words "jud;cial magistrate of the first class" shall be substituted 86 in section 565,-(i) in sub-section (1) for the words "presidency magistrate, 35 district magistrate, sub-divisional magistrate or magistrate", the ',,;>rds "chief judicial magistrate or any other judi(ial magistrate" shall be substituted (ii) - in sub-section (3), after the words "state government", the words "in consultation with the high court" shall be inserted; and 5 (iii) in sub-section (5), for the word "magistrate", the words "judic:al magistrate" shall be substituted 87 in schedule ii, in column 8,-(i) for the word "magistrate", wherever it occurs except in 10 the expression "presidency magistrate", the words "judicial magistrate", and for the words "any magistrate", wherever they occur, the words "any judicial magistrate" shall be substituted; (ii) for the entry against section 124a, the fonowing entry shall be substituted, namely:-15 "court of session, chief judicial magistrate or any other judicial magistrate of the first class specially empowered by the state government, in consultation with the high court in that behalf"; and (iii) in the entry relating to section 376, for the words "chief 20 presidency magistrate or district magistrate", the words "or chief judic!al magistrate" shall be substituted 88 for schedules iii and iv, the following schedules shall be substituted, namely:- "schedule iii (see section 36) ordinary powers of state maclstrans i ordinary powers of a judicial magistrate of the second class(i) power to arrest or direct the arrest of, and to commit to custody, a person committing an offence ;n his presence, section 30 64 (2) power to arrest, or direct the arrest in his presence of, an offender, section 65 (3) power to endorse a warrant, or to order the removal of an accused person arrested under warrant, sections 83, 84 and 35 86 (4) power to issue proclamations in cases judicially before him, section 87 (5) power to attach and sell property and to dispose of claims or objections to attached property, section 88 (6) power to restore attached property, section 89 (7) power to require search to be made for letters and telegrams, section 95 5 (8) power to issue search warrant, section 96 (9) power to endorse a search warrant and order delivery of thing found, section 99 (10) power to order the police to investigate an offence in cases in which the magistrate has jurisdiction to try or commit 10 for trial, section 155 (11) power to authorise detention, not being detention in the custody of the police, of a person during a police investigation, section 167 (12) power to postpone issue of process and to inquire into is a case or direct investigation, section 202 (13) power to detain an offender found in court, section i 351• , (14) power to take evidence on commission, section 503 (15) power to recover forfeited bond for appearance before 20 magistrate's court, section 514, and to require fresh security, liection 514a (16) power to make order as to custody and disposal of property pending inquiry or trial, section 516a (17) power to make order as to disposal of property, section 2s 617; (18) power to sell property of a suspected character, section 625 -~::i ~1 (19) power to require affidavit in support of application, section 539a 30 (20) power to make local inspection, section 539b n-ordinary powers of a judicial magistrate of the first class(1) the ordinary powers of a judicial magistrate of the second class: (2) power to direct warrant to landholders, section 78 3s (3) power to issue search warrant otherwise than in due course of an inquiry, section 98 (4) power to issue search warrant for discovery of persons wrongfully confined, section 100 (5) power to require execution of a bond, section 106 (6) power to discharge sureties section 126a s (7) power to record statements and confessions during a police investigation, section 164 (8) power to authorise de trr t:oil of a prrson;n the custody of the police during a police investigation, section 187 (9) power to commit for trial, section 206 10 (10) power to stop proceedings when no complainant, section 249 (11) power to tender pardon to accomplice during inquiry into case by himself, section 337 (12) power to make orders of maintenance, sections 488 and 15 489 (13) power to recall case made over by him to another magistrate, section 528(4) - (14) power to make order as to first offenders section 562 (15) power t(l order rpleased convicts to notifv residence, 20 section 565 m-ordinary powers of a chief judicial magistrate(1) the ordinary powers of a judicial magistrate of the first class (2) power to try juvenile offenders, section 29b 25 (3) power to require delivery of letters telegrams, etc, section 95 (4) power to issue search w~rrants for documents in custody of postal or telegraph authorities, section 96 (5) power to release person!; imorisoned for failul"t" to give 30 c:;pcurity under section 106 section 124 (6) power to cancel any bond for keeping the peace under section 106, section 125 (7) power to order police investigation into a cognizable ~~se, section 156 3s (8) power to issue process for a person within locaj juris dictien who has committed an offence outside the local juri diction, section 186 (9) power tq ~ntertain c:!omplaints, section 190 (to) power to receive police reports, section 190 (11) power to entertain cases without complaint, section 190 (12) power to transfer cases to a subordinate magistrate, section 192 (13) power to order preliminary investigation by a police 5 officer not ·below the rank of an inspector in certain cases, section' 196b (14) power to try summarily, section 260 (15) power to tender pardon to accomplice at any stage of 8 case, section 337 10 (16) power to pass sentence on proceedings recorded hy a subordinate magistrate, section 349 (17) power to call for records, secti~ 435 (18) power to order inquiry, sectian436 (~9) pqwer to ord~r commitment~ section 437 (20) power to report cr se to high court, section 438 (21) p,ower to withdraw cases and to try or refer them for trial, section 528 iv-ordinary powers of an executive magistrate of the second class (1) p~wer t() arrest or direct the arrest of, and to commit to 20 custody, a person committing an offence in his presence, section 64 (2) power to arrest, or direct the arrest in his presence of an offender, section 65 (3) p,ower to endorse b warrant, or to order the removal of 25 an ~ccused person arrested under a warrant, sections 83, 84 and 88 ; , , (4) power to issue proc1amati'ons, section 87 (5) power to attach 'and sell property, section 88 (6) power to restore attached property, section 89 30 (7) ·power to require search to be made for letters and tele~ grams, section 95 ' (8) power to issue s'!arch warrants, s'!ction 96 (9) power to endorse a search warrant and order delivery of thing found, section 99 35 (10) power to command unlawful assembly to disperse, section 127 (11) power to use civil force to disperse ,\lnlawful assembly, asection 128 (12) power to -require military force to be used to disperse unlawful assembly, section 130 s (13) power to authorise detention not being detention in the custody of the police, of a person during a police investigation, section 167 (14) power to take evidence on rom"llis~ion, section 503 (15) power to recover forfeited bond for appearance before magistrate's court, section 514 and to require fresh security, section 514aj 10 (16) power to make order as to disposal of property, section 517 (17) power to sell property of a suspected character, section 525 v~inary powers 'of an executive magistrate ot the first cla,s15 (1) the ordinary powers of an executive magistrate of the -second- -class -(2) power to issue search warrant otherwise than in 'course of an: inquiry·, section 98 20 (3) power to issue search warrant for discovery of ,:persons wrongfully confined, section 100 (4) power to -require security to keep the peace, section 107 (5) power to reollire security for good behaviour, section 109 i (6) power to discharge sureties, section 126a (7) power to-make orders as to local'nuis8l'lces,- section 133 (8) power to make orders, etc, in possession cases, sections 145, 146 and 147 ,-c, "f9t -pmftr" to' authorise detention of a penon in -the custody of the police during 8 police investigation, smion 167 30 (10) power -to hold inquests, section 174 vi-ordioory· powers· of a sub-dit"isicmal magistrate(1) the ordinary powers of an executive magistrate of the first class (2) power to direct warrants to land-holders, section 78 (3) power to require security for good behaviour, section 110 (4) power to make orders prohibiting repetitions of nui~ ~ances, section 143 (5) power to make orders under section 144 (6) power to d'epute subordinate executive magistrate tq make local inquiry, section 148 (7) power to issue process for person within local jurisdiction who has committed an offence outtdde the local juris- s diction, section 186 (8) power to sell pronerty al1,;,gcd 0" suspected to have been stolen, etc :o:ection 524 vit-ordinary powers of a district magistrate(1) the ordinary powers of a sub-divisional magistrate fo (2) power to require delivery of letters, telegrams~ etc, section 95 (3) power to issue search warrants for docmnents in custody of postal or telegraph authorities, section 96 (4) power to require security for ~d ,behaviour, section, is 108 (5) power to discharge persons bound to keep the peace or to be of good behaviour under section 118 section 124 (6) power to cancel bond for keeping the peace or to be of good behaviour under section 118 section 125 20 (7) power to order preliminary investigation by police officer not below the rank: of inspector in certain cases, section -96 ~(8) power to tender "roan to accomplice at the sta", of s,', j:,," investigation seetion 337 ~ i (9) power to can for and examine records section 43~ (2)' (to) power to direct executive magistrate to make further inquiry into proceeding~ etc section 436 (,) 1 ,j (11) power to report case to high court, section 438 (3) 30 m j (12) power to appoint person to be public prosecutor in particular case ~tion 492 (2) '" :: 'm ;!e (13) power to compel restoration of ;abducted female section 552 schedule iv (see sections 37 and 38) additional powers with which state magistrates may be invested part i5 a-by the state government in consultation with thb high court powers with which a judicial magistrate of the first class may be invested (l) power to try juvenile offenders, section 29b 10 (2) power to issue process for person within local jurisdiction who has committed an offence outside the local juri&-diction, section 186 (3) power to take cognizance of offences upon complaint, section 190 ' is (4) power to take cognizance of offences upon police reports, section 190 (5) power to take cognizance of offences without complaint, section 190 (6) power to try summarily, section 260 20 (7) power to try cases under section 124a of the indian penal code j powers with which a judicial magisttate of the second class may be invested (1) power to try juvenile offenders, section 29b 25 (2) power to record statements and confessions during a police investigation, section 164 (3) power to authorise detention of a person in the custody of the police during a police investigation, section 167 30 35 (4) power to take cognizance of offcnc!s upon complaint, section 190 (5) power to take cognizance of offences upon police reports, section 190 (6) power to take cognizance of offences without complaint, section 190 (7) power to commit for trial, section 206 (8) power to make orders as to first offenders, section 562 b-by the chief judle·ial magistratepowers with which any judicial magisltate of the first class may be invested -(1) power to take cognizance of offences"upon'" coltiplatnt, section 190 5 (2) power t~ take cognizance of offences upon police reports, section 190 (3) power to transfer cases, section 192 powers with which any judicial magistrate of the second class may 10 be inf1estld (1) power to take cognizance of offences upon complaint section 190 (2) power to take cognizance of offences upon·"pou, ~rtsj section 190 part ii15 a-by state governmentpowers with which a sub~iivi~ional magistrate may be' inve!sted power to callfoi' records of inferior courts and to fottwllrd them to the district magistrate, sub-sections (2) and (3) :7of ~ 435 ~owets with which an executive magistrate of the first class may be 20 invested (1) power to require security for good behaviour in case of sedition, section 108 (2) power to require ~ecurity for good beha\7iour, section 110 25 (3) power to make orders prohibiting repetitions of nuisances, section 143 (4) power to make orders under section 144 (5) power to issue process for person within local jurisdiction, who has committed an offence out:ide the local jurisdic- 30 tion, section 186 (6) power to sell property alleged or suspected to have been stolen, etc, section 524 powers with which an executive magistrat~ of the second class may be invested (1) power to make orders prohibiting repetitions of nuisances section 143 5 (2) power to make orders under section 144 (3) power to record statements and confessions during a police investigation, section 164 (4) power to authorise detention of a person in the custody of the police during a police investigation, section 167 10 (5) power to hold inquests section 174 b-by nm district \iagistratepowers with which any ellecutive magistrate of the fif'st class may be invested (1) po~er to make orders prohibiting repetition ofnui-15 sances, section 143 (2) power to make orders under section 144 powers with which any executi"e magistrate of the second clabl may be invested (1) power to make orders prohibiting repetitions of nui-20 srmces, section 143 (2) power to make orders under section 144 (3) power to hold inquests, section 174·" statement of objects and reasonsthe bill seeks to separate the judiciary from the executive in the matter of administration of criminal law in the union territories of delhi and himachal pradesh and has been 'brought forward in compliance with the directive r til (;:1 " s of state policy embodied in article 50 of the constitution the object is sought to be achieved by amendment of the code of criminal procedure, 1898 (oide clause 3 and the schedule) by providing for the classification of the magistracy into judicial magistrates and executive magistrates and for the appointment of members of the judicial service as judicial magistrates with the approval of the high court the bill seeks to make changes in the various provisions of the code with a view to giving ej!ect to this classiftcation and contains the necessary transitional and saving provisions the bill also sets out the respective cases other than those specifically covered by the proposed amendments to the code, in which functions shall be exercisable under any law by judicial and executive magistrates power has also been taken for the removal of diftlculties, if any, in giving effect to the provisions of the bill after it becomes an act new delhi; g l nanda rhe 19th july, 1966 president's recol\tlmendation under 117 of the constitution of india[copy of letter no f i3/1/6s-utl, dated the 27th july,l966 from shri jai sukh lal hathi, minister of state in the ministry of home mairs to the hecretary, lok sabha] the president having been informed of the subject matter of the bill ii) provide for the separation of judicial and executive functions in the union tenitories of delhi and himachal prades!1, recommends, under claus: (3) of article i j7 of the constitution, the consideration of the iiid bill in the lok sabha section 12 of the code of criminal procedure, 1898, us proposed to be modified by paragraph 5 of the schedule to the bill, read with clause 3 thereof, seeks to provide for appointment cf executive magistrat(s and tor conferment of powers of an y clae of a j ud:cial magistrate on members of the judicial service of the union territory of delhi or himachal pradesh the said paragraph of the schedule also pro,·idel that durirg the first three yfars persons who are members of a civil service in the union territory of delhi or himachal pradesh or any state and are or have been exercising the powers of a magistrate in such territory or state may be appointed as judicial magistrates section 14 of the code, as proposed to be modified by paragraph 7 of that schedule, makes provision for appointment of special, judicial magistrates and special executive magistrates the scheme of the bill, in effect, involves the c1a~sification, at the initial stage, of the existing magistrates in the two union ttrritories into executive and judicial magistrates and no additional expenditure would be involved on this account it is intended that the future strength of the judicial service in the two union territoiies will be determined before the expiry of the transitional period of three years and this will be done after assessing the actual requirements in the light of the working of the scheme of separation for some time as a result of this determination, some additional expenditure may be involved such expenditure in the case of delhi which will have to be met from the consolidated fund of india may ultimately be of the order of rupees two 19khs (non-recurring) rnd rupee twelve lakhs per annum (recurring) part ii constitution and powers of criminal courts and offices chapter n of the constitution of criminal courts and offices a~iasbeb of criminal courtsclasses of criminal courts 6 besides the high courts and the courts constituted under any law other than this code for the time being in force, there shan be five classes of criminal courts in india, namely:-i-courts of session: n-presidency magistrates: ill-magistrates of the first class: iv-magistrates of the second class: v -magistrates of the third class b-territorial divisionssessions divisions and districts 7 (1) every state (excluding the presidency-towns) shall be a sessions division, or shah consist of sessions divisions: and every sessions division shall for the purposes of this code, be a district or consist of districts (2) the state government may alter the limits, or the number, of such divisions and districts power to alter divisions and districts (3) the sessions divisions and districts existing when this code comes into force shall be sessions divisions and districts respectively unless and until they are so altered existing divisions and districts maintained till altered (4) every presidency-town shall for the purposes of this be deemed to be a district - - - - - - - cede, presidencytowns to - bedeemed districts c-courts and offices ouuide the presidency-towns9 (1) the stlfte government shall establish a court of session for court of every sessions division, and appoint a judge of such court session (2) the state government may, by general or special order in the official gazette direct at what place or places the court of session shall ordinarily hold its sitting; but if in any particular case, the court of session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sitting at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein (3) the state government, may also appoint additional sessions judges, and assistant sessions judges to exercise jurisdiction in one or more such courts (4) a sessions judge of one sessions division may be appointed by the state government to be also an additional sessions judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the state government may direct [10] m c gonzalez-garcia, m c gonzalez-garcia, m ii (1) in every district outside the presidency-towns the state djnrict government shall appoint a magistrate of the first class who shad magistrate be called the district magistrate (2) the state government may appoint any magistrate of the first class to be an additional district magistrate, and such additional district 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 force as the state government may direct (3) for the purposes of sections 192, sub-section (1), and 528, subsections (2) and (3), such additional district magistrate shall be deemed to be subordinate to the district magistrate - - - - - subordinate magis-:~ ,rates : u (1) the state government may appoint as many persons as it thinks fit, besides the district magistrate, to be magistrates of the first, second or third class in any district outside the presidency-towns; and the state government, or the district magistrate subject to the control of the state government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this code (2) except as otherwise provided by such definition the jurisdiction and powers of such persons shall extend throughout such district local limits of their jurisdiction 13 (1) the state government may place 'any magistrate of the first or second class in charge of a sub-division, and relieve him of the charges as occasion requires - - - power to put magistrate in charge of subdivision special magistrates , 14 (1) the state government may confer upon any person who holds or has held any judicial post under the union or a state or possesses such other qualifications as may, in consultation with the high court, be specified in this behalf by the state government by notification in the official gazette all or any of the powers conferred or conferrable by or under this code on a magistrate of the first, second or third class in respect to particular cases or to a particulaiy class or particular classes of cases, or in regard to cases generally, in any local area outside the presidency-towns (2) such magistrates shall be called special magistrates and shall be appointed for such term as the state government may by general or special order direct (3) the state goernnient may delegate with such limitations as it thinks fit, to any oflicer under its control the power conferred by sub-section (1) (4) no powers shall be conferred under this section on any policeofficer below the grade of assistant district superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their heing brought before a magistrate, and for the performance by the ofbcer of any other duties imposed upon him by any law for the time being in force benche~ of magistrates 15 (1) the state government may direct any two or more magistrates in any place outside the presidency-towns to sit together as a bench, and may by order invest such bench with any of the powers conferred or conferrable by or under this code on a magistrate of the first, second or third class and direct it to exercise such powers in such cases, or such classes of cases only, and within such local limits as the state government thinks fit 16 the state government may or subject to the control of the power to state governmenl, the district magistrate may, from time' to time, frame make rules consistent with this code for the guidance of magistrates' ru~eds for gul anee benches in any district respecting the following subjects: -of benches (a) the classes ,of cases to be tried; (b) the time and places of sitting; (e) the constitution of the bench for conducting trials; (d) the mode of settling differences of opinion which may arise between the magistrates in session 17 (1) all magistrates appointed under sections 12, 13 and 14, su~rdi­and all benches constituted unde~ section 15, shall be, subordinate :;:_ of tq the pistrfct' magistrate, and he may, from time to time~ make tratea rules or gfve special orders consistent with this code as to the distri- and bution of 'business among such magistrates and benches; and benches to district magistrate; (2) every magistrate (other than a sub-divisional magistrate) to suband every bench exercising powers in a sub-division shall also be div~onal subordinate to the sub~ivisional magistrate, subject however, to ~&gls-the general control of the district magistrate rate (3) all assistant sessions judges shall be subordinate to the subordi-sessions judge in whose court they exercise jurisdiction, and he nation of may, from time to time, make rules consistent with this code as to ~t the distribution of business among such assistant sessions judges jud,:t, seiilolll judie (4) the sesaiods judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an additional or assistant sessions judge or if there be no additional or assistant judge, by the disrtict magii-rate and such judge or magistrate shah have jurisdiction to deal with any such application (5) neither the district magistrate nor the magistrates or benches appointed or constituted under sections 12, 13, 14 and 15 shall be subordinate to the sessions judge, except to the extent and in the manner hereinafter expressly provided - - - - - chapter iii powers of courts a-description of offences cognizable by each court - • - • •offences under other laws 29 (1) subject to the other provisions of this code any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court - - - - - jurisdiction in the case of juveniles 29b any offence, other than one punishalble with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of fifteen years may be tried by a district magistrate or a chief presidency magistrate or by any magistrate specially empowered by the state government to exercise the powers conferred by section & sub-section (1), of the reformatory schools act, 1897 or, in any area in - all, which the said act has been wholly or in part repealed by any other law providing far the custody, trial or punishment of youthful offenders by any magistrate empowered by or under such law to exercise alj or any of the powers conferred thereby 30 notwithstanding anything contained in section 28 or section 29, the state government may, in consultation with the high court, invest any district magistrate, presidency magistrate or magistrate of the first class with power to try as a magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years: offences punishable with imprisonmentnot exceeding seven years provided that no district magistrate presidency magistrate or magistrate of the first c'lass shall be invested with such powers unless he has, for not less than ten years, exercised as a magistrate powers not inferior to those of a magistrate of the first class b-semences which 1m" be pczssed by courts of various classes - senlen('t's which magistrates may pass 32 (1) the courts of magistrates may pass the following sentences namely:-(imprisonment for a term d'lt exceedina six (b) courts of ma6istrates ~ months, including such solitary confineof the second class: i ment as is authorised by law; l fine not exceeding five hundred rupees; r imprisonment for a term not exceeding one (c) courts of magistrates ~ month; of the third class l fine not exceeding five hundred rupees (2) the ceurl of any magistral may pass any lawful sentence, combining any of the scntances which it is authorised by law to pass 33· (1) the court of any magistrate may award such terms of powerof imprisonment in default of payment of fine as is authorised by law magisin case of such default: tratato sentence provided thatto imprisonment in default (a) the term is not in excess of the magistrate's powers offlne under this code; (b) in any case decided by a magistrate where imprison- provillo ment has been awarded as part of the substantive sentence, the as to period of imprisonment awarded in default of payment of the certalll fi nc shall not exceed one-fourth of the period of imprisonment cases which such magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine - - - - - 34 the court of a magistrate, specially empowered under section higher 30 may pass any sentence authorised by law, except a sentence of powers death or of imprisonment for hfe or imprisonment for a term exceed- ofcertaja diltrict mg seven years magistrates - - - - - c-ordinary and additional powers36 all district magistrates sub-divisional magistrates and ordinary magistrates of the first second and third classes have the powers powers hereinafter respectivf'ly conferred u,pon them and specified in the of malisthird schedule such powers are called their ordinary powers trates 37 in addition to his ordinary powers, any sub-divisional magis- additional trate or any magistrate of the first second or third class may be in- powersvested by the state government or the district magistrate, as the confercase m:1y be, with any powers specified in the fourth schedule as ::!-:~ powers with which he may be irrvested by the state government or trates - the di~trict magistrate 1479 (8) l5-s 38 the power conferred on the district magistrate by section 37 shall be exercised subject to the control of the state government control of district magistrate's investing power d-conjerment, continuance and cancellation of powers39 (1) in conferring powers under this code the state government may, by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official title mode of conferring powers - powers of officers appointed 40 whenever any person holding an office in the service of government who has been invested with any powers under this code throughout any local area is appointed to an equal or higher offiee of the same nature within a like local area under the same state government he shah, unl~ss the state government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed 41 (1) the state government may withdraw all or any of the powers conferred under this code on any person by it or by any officer subordinate to it powers maybe cancelled (2) any powers conferred by the district magistrate may be withdrawn by the district magistrate part iii - general provisions - - chapter v - - - of arrest, escape and retaking - •- 57 (i) - b-arrest without warrant - - - - - refusal to live juidl8and residence (2) when the true name and residence of such person have been ascertained he shall be released on his executing a bond with or without sureties, to appear before a magistrate if so required: :-:-:vided that, if such person is not resident in india the bond h"ii: -le secured by a surety or sureties resident in india ; should the true name and residence of such person not be ;;;~=-~ed within twenty-four hours from the time of arrest or ::~:: he fail to execute the bond or, if so required, to furnish suffi-=== rureties, he shall forthwith be forwarded to the nearest magisllving jurisdiction - - - - - 6j no person who has been arrested by a police -officer shall be discharge - ;,~arged except on his own bond, or on bail, or under the special of persod ~ apprehen-~ of a magistrate ded - - - - - chapteh vi of procfsses to compel appearance - • - • - b-warrant of arrest- - - - - 78 (1) a district magistrate or sub-divisional magistrate may warrant direct a warrant to any landholder, farmer or manager of ]and may b, within his district or sub~ivision for the arrest of any escaped mr:t· convict, proclaimed offender or person who has been accused of a :lders, non-bailable offence, and who has eluded pursuit etc - - - - - c-proclamation and attachment 88 41) - - - - - (2, such order shall authorise the attachment of any property attachbelt)~ - g to such person within the district in which it is made; ment of and : -: ~"all authorise the attachment of any property belonging to property sue:: ::~n without such district when endorsed by the distr °bsc f perlodd - a onl\iag--,=-:_~:e or chief presidency magistrate within whose district inc su::: ;~_~rty is situate (6b) claims or objections under sub-section (6a) may be preferred or made in the court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a district magistrate dr chief presidency magistrate in accordance with the provisions of subsection (2), in the court of such magistrate (6e) every such claim or objection shall be inquired into by the court in which it is preferred or made: provided that, if it is preferred or made in the court of a district magistrate or chief presidency magistrate such magistrate may make it over for disposal to any magistrate of the first or second class or to any presidency magistrate, as the case may be, subordinate to him - - - - - - - - chapter viiof processes to compel the production of documents and other movable property, and for the discovery of persons wrong-fully confined a-summons to produce - - - - - procedure as to letters and telcll'lms 95 (1) if any document, parcel or thing in such custody is, in the opinidn of any district magistrate, chief presidency magistrate, high court or court of session, wanted for the pul'lp08e of any investigation, inquiry, trial or ather proceeding under this code, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document, parcel or thing to such person as such magistrate or court directs when search warrent may be issued (2) if any such document parcel or thing is, in the opinio!1 of any other magistrate, or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such district magistrate, chief presidency magistrate or court b---sea rch-u'a rra nts 96 (1) - - - - - (2) nothing fterein contained shall authorise any magistrate other than a district magistrate or chief presidency magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authorities - - - - - - 98 (1) if a district magistra,te, sub-divisional magistrate, presi- search of dency magistrate or magistrate of the first class, upon infonnation house and after such inquiry as he thinks necessary, has reason to believe suspected that any place is used for the deposit or sale of stolen property, to contain stolen or for the deposit or sale or manufacture of forged documents, fprogpeedrty, ____ or false seals or counterfeit stamps or coin or instruments or materials docufor counterfeiting coin or stamps or for forging, ments, etc or that any forged documents, false seals or oounterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place, or, if a district magistrate, sub-divisional magistrate or a presidency magistrate, upon info~mation and after such inquiry as be thinks necessary, has reason to believe that any place is used for the deposit, sale, manufacture or production of any obscene object such as is referred to in section 292 of the indian penal code or that any such obscene objec,ts are kept or deposited in any place, he may by his warrant authorise any police-officer above the rank of a constable-(a) to enter, with such assistance as may be required, such p1:ace, and (b) to search the same in manner specified in the warrant, and (c) to take possession of any property, documenlts, seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and (d) to convey such property, documents, seals, stamps, coins, instruments or materials or such obscene objects before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate or otherwise to dispose thereof in some place of safety, and (e) to take into custody and carry before a magistrate every person found in such place who appears to have been privy to the deposit, sale or manufacture or keeping of any such property, r d ucuments, seals, stamps coins instruments or materials or such obsc:!l1c obj(;cts knowing or having reamuuiuit' cau<;e to suspect the said property to have been stolen or otherwise unlaw full\' obtained, or the said documents, seals, stamps, coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging or the said obscene objects to have been or to be intended to be sold, let to hire distributed publicly exhibited, circulated, imported or exported (2) the provisior s of this s~c[ion with nsplct to-(a) counterfeit coin, (b) coin suspected to be cou,terfeit, (c) instruments or materials for counterfeiting coin, shall, so far as they can be made applicable, apply, respectively, to---(a) pieces of metal made in contravention of the metal 1 of 1889 tokens act, 1889 or brought into india in contravention of any ro of 187 notification for the time being in force under section 19 of the sea customs act, 1878 (b) pieces of metal suspected to have been so made or to have been so brought into india or to be intended to be issued in contravention of the former of those acts, and - (c) irstrumelts or materiajs for making pieefs of metal in contravention of that act - - - - - - - part iv prevention of offences chapter viii ot-· security for keeping the peace and for good behaviour a-security for keeping the peace on convictionsecurity for keeping the peace on cu,lvicti01'l 106 (1) whenever any person accused of any offence punishab]e under chapter viii of the indian penal code, other than an of 11)60 offence punishable under section 143 section 149, section 153a or 4s section 154 thereof, or of assault or other offence involving a breach of the peace, or of betting the same, or any person accused of committing criminal intimidation, is convicted of such offence before a high court, a court of ses')ionor the court of a pre"idency magi<;trate, a district magistrate, a sub-divisional magistrate or a magistrate of the first cla')s, and such court is of opinion that it is necessary to require such per~"n t'"' execute a bond for keeping the peace such court may at the time of passing sentence on such person, order him to exe~ute a bond for a sum proportionate to his means with at without sureties, for keeping the peace during such period, not f"xceedincr three years, as it thinks fit to fix - - - - - - ~-security jot keeping the peace in other cases and security for good beh·aviout 107 (1) whenever a presidency magistrate, district magistrate, fsecurity or sub-divisional magistrate or magistrate of the first class is informed keeping that any person is likely to commit a breach of the peace or disturb the peace the public tranquillity or to do any wrongful act that may probably in other occasi'hi a breach of the peace, or disturb the public tranquillity, cases the magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties for keeping the peace for such period not exceedin,g one year as the magistrete thinks fit to fix (2) proceedings under this section may be taken before any magistrate empowered to proceed under sub-section (1) when either the place where the breach of the peace or disturbance is apprehended is within the local limits of such magistrate's jurisdiction or there js within such limits a person who is likely to commit a breach ('1 the peace or disturb the public tranquillity or to do any wrongful act as afore<}aid beyond swh l;mits (3) when any magistrate not empowered to proceed under sub- procedure section (1) has reason to believe that any person is likelv to commit of magisa breach of the peace or disturb the pubhc tranquillity ~r to do any :::,~:tr_ wrongful act that may probably occasion a breach of the peace or dis- ed to act turh the public tranquillity and that such breach of the peace or dis- under subturbance cannot be prevented otherwise than by detaining such p(>r- section son in custody such magistrate may, after recording his reasons (1) issue a warrant for his arrest (if he is not already in cu5tody or befbre the court) and may send him before a magistrate empowered to deal with the ca"e, to~ether with a copy of his rea<;ons (4) a magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this chapter 103 whenever a chief presidency or district magistrate, or a presidency magistrate or magistrate of the first class specially empowered by the state government in this behalf, has information that there ;s with~n the limits of his jurisdiction any person who, within or w:thout such limits, either orally or in writing, or in any other manner intentionally dissem;nates or attempts to disseminate, or in anywise abets the dissem:naticn of,-security for good behaviour from persons disseminating seditious matter (a) any seditious matter, that is to say, any matter the publication of which is punisha"ble under section 124a of the indian penal code or 45 of i (b) any matter the publication of whkh is punishable under section 153a of the indian penal code, or (c) any matter concerning a judge which amounts to criminal intimidation or defamation under the indian penal code, such magistrate, if in his opin~on there is sufficient ground for proceeding may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his behaviour for such period, not exceeding one year, as the magistrate thinks fit to fix no proceedings shall be taken under this section against the editor, "proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the press and registration of books act, 1867 with reference 21 of to any matter contained in such publication except by the order or under the authority of the state government or some officer empowered by the state government in this be~alf 109 whenever a presidency magistrate, district magistrate, subdivisional magistrate or magistrate of the first class receives information-security for good behaviour from vagrants and suspected persons (a) that any person is taking precautions to conceal his presence within the local limits of such m3gistrate's jurisdiction, ard thut lhcr~ is r!<ls in to bdicvc ih t su:h l" r'son is wkil1g su~h precautions with a view to committing any offence, or (b) t!lat there is within such limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordate'd to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year as the magistrate thinks fit to fix 110 whenever a presidency magistrate, district magistrate, or security sub-divisional magistrate or a magistrate of the first class specially :: ~ empowered in this behalf by the state government receives informa- fr!:viour tion that any person within the local limits of his jurisdictionhabitual offenders (a) is by habit a robor, house-br:aker, thief, or forger, or (b) is by habit a receiver of stolen property knowing the same to have been stolen, or (c) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping abduction, extortion cheating or mischief, or any offence punishable under chapter xii of the indian penal code, or under section 489a, section 489b, 4s of 1960• section 489c or section 489d of that code, or (e) habitually commits, or attempts to ccmmit, or abets the commission of, offences involving a breach of the peace, or (f) is so desperate and dangerous as to render his being at large without security hazardous to the community, such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit to fix - - - - - 124 (1) whenever the district magistrate or a chief presidency power to magistrate is of opinion that any person imprisoned for failing to release give security under this chapter may be released without hazard ~ imprlsonto the comm':jlllty or to any other person, he may order such person eel tor to be discharged failin, to give 1479 (b) ls-'7 security (2) whenever any person has been imprisoned for failing to give security under this chapter, the chief presidency or district ma·gistrate may (unless the order has been made by some court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which securlty has been requiretl (3) an order undei' sub-scc[ion (i) may direct the disch'uge of such pers:>n either with1ut c)nditions or upon any conditions wh:ch such person accepts: provided 'that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired (4) the state government may prescribe the conditions upon which a conditional discharge may be made (5) if any condition upon which any such person has been discharged is, in the opinion of the district magistrate or cllief presidency ma·gistrate by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same (6) when a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any policeofficer without warrant, and shall thereupon be produced before the dis~rict magistrate or chief presidency magistrate unless such person then gives security in accordance with the terms of the original order for the unexpired portiod 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 tpe breach of the conditions of dilcharge and the date on which, except for such conditional discharge, be would have been entitled to release), the district magistrate or chi'ef presidency magistrate may remand such person to prison to undergo such unexpired portion a person remanded to prison under this sub-sectiod shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the tenns of the original order for the unexpired portion aforesaid to the court or magistrate by whom such order was made, or to its or his succelbor 125 the chief presidency or district magistrate may at any time power of for suftlcient reasons to be recorded in writing cancel any bond for district keeping the ·peace or for good behaviour executed under this chapter tmagistralte ocance by order of any court in his district not superior to his court any bond for keeping the peace or good behaviour 126 (1) any surety for the peaceable conduct or good behaviour diseharge of ancther person may at any time apply to a presidency magistrate, of sureties district magistrate, sub-divisional magistrate or magistrate of the first class to cancel any bond executed under this chapter within the local limits of his jurisdiction (2) on such application being made, the magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bowld to appear or to be brought before him· - - - - - chapter ix unlawful assemblies~27 (1) any magistrate or officer in charge of a police«ation aaaembly may command any unlawful assembly, or any assembly of five or todisperse more persons likely to caus( a disturbance of the public peace, to on cc;n~ disperse; add it shall' thereupon be the duty of the members of such :::1s:ate assembly to disperse accordingly qi' pouceoilcer (2) this section applies also to the police in the town of calcutta '128 if, upon being so commanded any such assembly does not use of disperse, or if, without lbeing so commanded, it conducts itself in civil such a manner as to show a detennination not to disperse, any f~rce to magistrate or officer in charge of a police-station whether within dlsperr or without the presidency-towns may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer soldier sailor or airm," in the armed forces, and acting as such for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who fonn part of it in order to disperse such assembly or that they may be punicllled according w law use ot armed forees 129 if any suoh assembly cannot be otherwise dlspers, it is necessary for the public security that it should be : the magistrate of the highest rank who is present may cl be dispersed by the armed forces duty of officer commanding troops required by magistrate to disperse assembly 130 (1) when a magistrate determines to disperse assembly by the armed forces, he may require any office) in command of any group of persons belonging to the armt to disperse such assembly with the help of the armed forc his command, and to arrest and confine such, persons form of it as the magistrate may direct, or as it may be nece arrest and confine in order to disperse the assembly or to ha' punished according to law (2) every such officer shall obey such requisition in such: as he thinks fit, but in so doing he shall use as little force, as little injury to person and property, as may be consister dispersing the assembly and arresting and detaining such pe power of commissioned armed forces officers to disperse assembly 131 when the public security is manifestly endangered t such assembly, and when no magistrate can be communicated any commissioned officer of the armed forces may disperse assembly with the help of the armed forces under hi~ com and may arrest and confine any persons forming part of it, in to disperse such assembly or that they may be punished acco to law; but if, while he is aettng under this section, i~ becomes ticable for him to communicate with a magistrate, he shall d and shall thenceforward obey the instructions of the magistra to whether he shall or shall not continue such action 132 no prosecution against any person for any act pu1"pol to he done under this chapter shall be instituted in any crill court, except with the sanction of the state government; and-(a) no magistrate or police-officer acting under this eba] in good faith, protection against prosecution for acts done under this chapt~r (b) no officer acting under section 131 in good faith, (c) no person doing any act in good faith, in complial with a requisition under section 128 or section 130, and (d) no inferior officer, or soldier, sailor or afrman in ~ armed forces, doing any 'act in obedience to any order which 1 was bound to obey, shall be deemed to have thereby committed an offence: provided that no such prosecution shall be instituted in any criminal court against any o1bcer or soldier, sailor or airman in the armed forces except with the sanction of the central government - - - - chapter x public nuisances133 (1) whenever a district magistrate, a sub-divisional magis- conditiollal trate or a magistrate of the first class considers, on receiving a police order f~r f report or other information and on taking such evidence (if any) ::t!is:~~ as he thinks fit, that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public or from any public place, or that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise 'should be removed or the keeping thereof regulated, or that the construction of any building, or the disposal of any substance, as likely to occasion con1la~tion or explosion, should be prevented or stopped, or that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business- in the neighbourhood or passing by, and that in consequence the removal, repair, or support of such building, tent or structure, or the removal or support of such tree, is necessary, or that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public, or that any dangerous animal should be destroyed, confined or otherwise disposed of, such magistrate may make a conditional order requiring the person causing such obstruction or nu;sance, or carrying on such trade or occupatiol1, ar keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order, to remove such obstruction or nuisance; or '~! , '~ ;:! to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation; or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or i , to prevent or stop the erection of, or to remove, repair or bupport, such building, tent or structure; or to remove or support such tree; or to alter the disposal of such substance; or i i i! to fence such tank, well or excavation, as the case may ~e; or ~ to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; j i or, if he objects so to do, : \ ! tti 1-/ ii i ii to appear before himself or some other magistrate of the first or second class, at a time and place to -be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided (2) no order duly made by a magistrate under this section shall be called in question in any civil court explanation-a "puhlicplace" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative pmposes, - - - - 143 a district magistrate or sub-divisional magistrate, or any other magistrate empowered by the state government or the district magistrate in this behalf may order any person not to repeat or continue a public nuisance as defined in the indian penal code 411 ot 1860 or any special or local law magistrate may prohibit repelltiod or continuance of public nuisance, chapi'er xi temporary orders in urgent cases of nuisancr 01-' apprehended danger144 (1) in cases where, in the opinion of a district ~agistrate a chief presidency magistrate, a sub-divisional magistrate, or of power to issue any other magistrate (not being a magistrate of the third class) order specially empowered by the state government or the chief presi- absolute i dency ~a·gistr~te or the district magistrate to act under this section, : ~~;:nt there is sufticlent ground for proceeding under this section and cases of ' immediate ,prevention or speedy remedy is desirable nuisance orappresuch magistrate may, by a written order stating the material hended facts of the case and served in manner provided by section 134, danger direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his managt-ment, if such magistrate considers that such direction is likely to prevent, or tends to prevent obstruction annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety, or a disturbance nf the public tranquillity, or a riot, or an affray - - - - - chapter xii disputes as to immovable property145 (1) whenever a district magistrate, sub-divisional magis- procedure trate or magistrate of the first class is satisfied from a police-report ~here or other information that a dispute likely to cause a breach of the ~~:~!~_ peace exists concerning any land or water or the boundaries thereof, ing land, within the local limits of his jurisdiction, he shall make an order etc, is in writing, stating the grounds of his being so satisfied, and requir- likely to ing the parties concerned in such dispute to attend his court in person bcauseh f reac c: by pleader within a time to be fixed by such magistrte, and to peace 0 put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute and further requiring them to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims - - - - - 147 (1) whenever any district magistrate sub-divisional magis- disputes tra te or magistrate of the first class is satisfied from a police-report ~onc~­or olher information, that a dispute like'ly to cause a breach of the :' rights peace exists regarding any alleged right of user of any land or water im::v~ as explained in section 145 sub-section (2) (whether such right be able proclaimed as an easement or otherwise), within the local limits of his perty, etc lurlsdiction, he may make an order in writing stating the grounns of his being so satisfied and requiring the parties concerned in such dispute to attend the court in person or by pleader within a time to be fixed by such magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter in the manner hereinafter provided - - - - part v information to the police and their powers to investigatechapl'er xiv - - - - - information in non-cognizable eases 155 (1) when information is given to an officer in charge of a police-station of the commission within the limits of such station of a non-cognizab'le offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informant to the magistrate - - - - - power to record statementsand confessions la4 (1) any presidency magistrate, any magisarate of the first class and any magistrate of the second class specially empowered in this behalf by the state government may, if he is not a police-ofbcer record any statement or confession made to him in the course of an investigation under this chapter or under any other law for the time being in force or at any time afterwards before the commencement of the inquiry or trial - - - - - 187 (1) - - - - procedure when invest!gationcannot be completed in twentyfour hours (2) the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such magistrate thinks fit, for a term not exceeding fifteen days in the whole if he has not jurisdiction to try the case or commit it for trial, and considers further detention unnecessary he may order the accused to be forwarded to a magistrate having such ·jurisdiction: fsrovic1ec:i that no magistrate of the third class, and no magistrate of the second class not specially empowered in this behalf by the state government sha'li authorise detention in the custody of the police - - - (4) if such order is given by a magistrate other than the district magistrate or sub-divisional magistrate, he shall forward a copy of his order, with his reasons for making it, to the magistrate to whom he is immediately subordinate when (3) if the court of the district magistrate or sub-divisional magistrate is mentioned in the bond, such court shall be held to include any court to which such magistrate may refer the case for inquiry or trial provided reasonable notice of such reference is given to such complainant or persons (5) the following magistrates are empowered to hald inquests, namely, any district magistrate, sub-divisional magistrate or magistrate of the flrit class, and any magistrate specially empowered in this behalf by the state government or the district magistrate , - - - - - part vi proceedings in prosecutions chapter xv 0 tiis jurisdiction of the criminal courts in inquiries and tjualsa-place of inquiry or trial - - - - - 1479 (b) ls 8 power to issue summons or warrant for offence committed beyond local jurisdiction magistrate's procedure on arrest 186 (1) when a presidency magistrate, a district maaistrate, , sub-divisional magistrate, or if he is specially empowered in this behalf by the state government a magistrate of the first class, sees reasons to believe that any person within the local limits of his jurisdiction has committed without such limits (whether within or without india) an offence which cannot, under the provisions of sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in india, such magistrate may inquire into the offence as if it had been committed within such local limits, and compel such person in manner hereinbefore provided to appear before him, and send such person to the magistrate having jurisdiction to inquire into or try such offence or, if such offence is bailable, take a bond with or without sureties for his appearance before such magistrate - - - - - procedure where warrant issued by subordinate magistrate 187 (1) if the person has been arrested under a warrant :~ued under section 186 by a magistrate other than a presidency "m, trate or district magistrate such magistrate shall send the person arrested to the district or sub-divisional magistrate to whom he is subordinate unless the magistrate havmg jurisdiction to 'inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police-officer executing such warrant, or shall be sent to the magistrate by whom such warrant was issued - - - - - b-conditions requisite for initiation of proceedings190 (1) except as hereinafter provided any presidency "magritrate district m~gistrate or sub-divisional magistrate, and any other magistrate specially empowered in this behalf may take cog- nizance of any offence-cognizance of offences by magistrates (a) upon receiving a complaint of facts which constitute such officer; (b) upon a report in writing of such facts made by any policecf[cer; (c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion that such offence has been committed (2) the state government, or the district magistrate subject to the genera'l or special orders of the state government, may empower any magistrate to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or commit for trial (3) the state government may empower any magistrate of the first or second class to take cognizance under sub-section (1), clause (c), of offences for which he may try or commit for trial - - - - - 192' (1) any chief presidency 'magistrate, district magistrate transfer or sub-divisional magistrate may transfer any case, of which he has of cases, t k gn' f'" t ' 1 m ' b d' t by maglsa en co 1zance, or mquiry or ria to any aglstrate su or ma e t te t h' ra s o 1m (2) any district magistrate may empower any magistrate of the first class who has taken cognizance of any case, to transfer it for inquiry or trial to any other specified magistrate in his district who is competent under this code to try the accused or commit him for trial; and such magistrate may dispose of the case accordingly, in (1) - - - - cognizance of offences by courts of session (2) additional sessions judges and assistant sessions judges shah try such cases only as the state government by general or special order may direct them to try or, as the sessions judge of the division, by general or special order may make over to them for trial - ' - - - 196b in the case of any offence in respect of which the provisions prelimiof section 196 or section 196a apply, a district magistrate or chief nary presidency magistrate may, notwithstanding anything contained in ~nquiry, h h f tho cod d 1" 10 certam t ose sections or m any ot er part 0 is e or er a pre imlnary cases investigation by a police-officer not being below the rank of inspector, in which case such police-officer shall have the powers referred to in section 155 sub-section (3) - - - - - chapter xviiipower to commit for trial, of inquiry into casa triable by the court of session or high court "ii ~~ (1) any presidency m~gistrate, district magistrate subdivisional magistrate or magislrate of the first class or any magistrate (raot being il )4a~s~~te ~f the third dass) empowered in this behalf by the state government may commit ao,y per8'ld for trial to the court of session or high court for any offence triable by such court (2) but save as herein otherwise drovided no person triable by the court of session shall be committed for trial to the high court - - - - - chapter xx of the trial of sum\ions-cases by magistrates - • - • •power to stop proceedings when no complaimnt 249 in any case instituted otherwise than upon complaint, a presidency magistrate a magistrate of the first class or, with the previous sanction of the district magistrate, any other magistrate, may, for reasons to be recorded by him, stop the proceedings at any staee without pronouncing any judgment either of acquittal or conviction and may thereupon release the accused frivolous accusations in summons and warrant-caseb 250 (1) - - - - f~e, (3) a complainant or informant who has been ordered under frlvol?us or sub-section (2) by a magistrate of the second or third class to pay ;~u!~ns compensation or has been so ordered by any other magistrate to pay tions compensation exceeding fifty rupees may appeal from the order in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial beld by such magistrate - - - - - chapter xxii of summary 'i'luals260 (1) notwithstanding anything contained in this code-(a) the district magistrate, powii' to try sum-~aril7 (b) any magistrate of the first class specially empowere<l in this behalf by the state government, and (e) any bench of magistrates inycsted with the powers of a magistrate of the first class and specially empowered in this behalf by the state government may, if he or they think fit try in a summclry way all or any of the following offences:-(a) offences not punishable with death imprisonmpnt for life or imprisonment for a term exceeding six months; (b) offences relating to weights and measures undpr sections 45 at 264 265 and 266 of the indian penal code 1860 (e) hurt, under section 323 of the same code; (d) theft, under sections 379 380 or 381 of the same code, where the value of the property stolen does not exceed two hundred rupees; (e) dishonest misappropriation of property under section 403 of the same code where the value of the pr0perty misappropriated does not exceed two hundred rupees; (f) receiving or retaining stolen property under section 411 of the same code, where the value of such property does not exceed two hundred rupees; (g) assisting in the concealment or disposal of stolen property under section 414 of the same code \\'h('re the yalue of such property does not exceed two hundred rupees; (h) mischief, under section 427 of the same code; (i) house-trespass, under section 448 and offences under sections 451, 45345', 456 and 457 of the same code; (i) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation under section 506, of the same code; (k) abetment of any of the (ire goip~ offences; (l) an attempt to commit any of the fnregnng offences when such attempt is an offence; (m) offences under section 20 of 1871: the ca ttle-trespass act 1 of 1871 provided that no case in which a \lagistrate exercises the special powers conferred by seetio n 34 fhrlj rc tried in a summary way - - - - - power to 261 the state government may confer on any bench of magisinvest trates invested with the powers of a magistrate of the second or third be m n~htoft class power to try summarily all or any of the following offences:-agls ra e~ invested (a) offences against the indian penal code, sections 277, 27& :!~e:~ss 279, 285, 286, 289 290 292 293, 294, 323 334, 336, 341, 352 45 0 (1860 14<' of jq60 426, 447 and 504; (b) offences against municipal acts, and the conservancy clauses of police acts which are punishable only with fine or with imprisonment for a term not exceeding one month with or without fine; (c) abetment of any of the foregoing offences; (d) an attempt to commit any of the foregoing offences, when such attempt is an offence - - - record in 263 in cases where no appeal lies the magistrate or bench of ~~~: ~~~e magistrates need not record the evidence of the witnesses or frame appeal a formal charge; but he or they shall enter in such form as the state government may direct the following particulars:-(a) the serial number; (b) the date of the commission of the offence ; (c) the date of the report or complaint ; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused (f) the offence comp'lained of and the offence" (if any) proved and in cases coming under clause (d) clause (e) clause (f) or clause (g) of sub-section (1) of !;ection 260 the value of the property in respect of which the offence has been committed: (g) the plea of the accused and his examination (if any); (11) the finding and in the case of a conviction a brief statement of the reasons therefor ; (0 the sentence or other final order; and (j) the date on which the proceedings terminated - - - - - language of record and judg_ ment (2) the state government may authorize any bench of magis- bench trates empowered to try offences summarily to prepare the aforesaid ~ay record or judgment by means of an officer appointed in this behalf a~tho­by the court to which such bench is immediately subordinate and rized the record or judgment so prepared shall be signed by each member to emof such bench present taking part in the proceedings ployk cler chapter xxiii of trials before high courts and courts of sessiona-preliminary - - - - - state 269 (1) the state government may, by order in the official gov-gazette, direct that the tria'l of all offences, or of any particular class ernment of offences, before any court of session shall be by jury in any may district, and may revoke or alter such order o~der tnals (2) the state government, by like order, may also declare that before in the case of any district in which the trial of any offence is to be court by jury, the trial of such offences shall, if the judge, on application ~ssion made to him or of his own motion, so directs, be by jurors summoned to from a special jury list, and may revoke or alter such order be by - - - - - jury chaprer xxiv general provisions as to i!'iquiries and trials~ 337 (1) in the case of any offence triable exclusively by the high tender court or court of session, or any offence punishable with imprison- of f, ment which may extend to seven years or any offence under any pardon 'of 1860 of the following sections of the indian penal code namely, sections to " 161, 165 165a, 216a 369, 401, 435 and 477a, the district magistrate, a~~om-~~~ a presidency magistrate, a sub-divisional magistrate or any magis- pice if'; trate of the first class may, at any stage of the investigation or enquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly br indirectiy eoncerned in or privy to the offence, tender a pardon to such persod on condition of his making a full and true disclosure of the whole of the circumstances withip his knowledge relative to the offence and to every other person concerned whether as principal or abettor, in the commission thereof: provided that, where the offence is under inquiry or trial, no magistrate of the first class other than the district magistrate shall exercise the power hereby conferred unless he is the magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no such magistrate shall exercise the said power unless he is a magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the district magistrate has been obtained to the exercise thereof - - - - - power to direct tender of pardon 338 at any time after commitment, but before judgment is passed, the court to which the commitment is made may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender, or order the committing magistrate or the district magistrate to tend£'r a pardon on he same condition to such person - - - - - procedure of state magistrate in cases which he cannot dispose of 346 (1) if, in the course of an inquiry or a trial before a magistrate in any district outside the presidency-towns the evidence appears to him to warrant a presumption that the case is one which should be tried or committed for trial by some other magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to any magistrate to whom he is subordinate or to such other magistrate, having jurisdiction, as the district magistrate directs - - - - - - - 349 (1) whenever a magistrate of the second or third class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, 01' more severe than that which such magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106 he may record the opinion and submit his proceedings and forward the accused, to the r;:~trict magistrate or sub-divisional magistrate to whom he is subordinate procedure when magistrate cannot pass sentence suftlcientiy severe (ta) when more accused than one are being tried together, and the magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused he shall forward all the accused who are in his opinion guilty to the district magistrate or sub-divisional magistrate - - - - - chapter xxvi of the judgment - - - - - 313 in cases tried by the court of session, the court shall for- court of ward a copy of its finding and sentence (if any) to the district session magistrate within the local limits of whose jurisdiction the trial to sen~ a h ld ' ," copy 0 w s e findin, chapter xxvnand sentence to district magis· trate - 0, th! sunmission of sentences for confirmation - • - • - •380 where proceedings are submitted to a magistrate of the first proce:-class or a sub-divisional magistrate as provided by section 562, such dure in cases magistrate may thereupon pass such sentence or make such order submitted as he might have passed or made if the case had originally been by heard by him, and, if he· thinks further inquiry or additional evi- magisdence on any point to be necessal'ly, he may make such inquiry or tr~te take such evidence himself or direct such inquiry or evidence to be =w::e4 made or taken to act under secti'on 562 - - - - - - partvn of appeal, reference and revision chapter xxxiop appeals - - - 406a any person aggrieved by an order refusing to accept or appeal rejecting a surety under section 122 may appeal against such fr°dm d ~ m~ or er,-, -refuainc (a) if made by a presidency magistrate, to the high court to (b) if made by the district magistrate to the court of session or accept or rejeot~ ing a surety (c) if made by a magistrate other than the district magistrate, to the district magistrate '" '" '" '" - 408 any person convicted on a trial held by an assistant sessions judge, a district magistrate or any other magistrate, or any person sentenced under section 349 or in respect of whom an order has been made ora sentence has been passed under section 380 by any magistrate, may appeal to the court of session: provided "as follows:-- - - - - appeal from sentence of assistant sessions judge or any other magistrate (b) when in any case an assistant sessions judge or a magistrate specially empowered under section 30 passes any sentence of imprisonment for a term exceeding four years, the appeal of all or any of the accused convicted at such trial shall lie to the high court; (c) when any person is convicted by a magistrate of an 4s of 1860 offence under section 124a of the indian penal code, the appeal shall lie to the high court 409 (1) subject to the provisions of this section, an appeal to the court of session or sessions judge shall be heard by the sessions judge or by an additional sessions judge or an assistant sessions judge: appeals to courts of session h'ow heard provided that no such appeal shall be heard by an assistant sessions judge unless the appeal is of a person convicted on a trial held by any magistrate of second or third class (2) an additional sessions judge or an assistant sessions judge shall hear only such appeals as the state government may, by general or special order, direct or as the sessions judge of the division may make over to him - - - - - 412 notwithstanding anything hereinbefore contained, where an accused person has pleaded guilty and has been convicted by a no appeal in certaid cases high court, a court of session or any presidency magistrate dr when magistrate of the first class on such plea, there shall be no appeal accused except as to the extent or legality of the sentence pl~altds iw y 413 notwithstanding anything hereinbefore contained, there no appeal shall be no appeal by a convicted person in cases in which a high in petty court passes a sentence of imprisorunent not exceeding six months cases only, or of fine not exceeding two hundred rupees only or in which a court of session passes a sentence of imprisonment not exceeding one month only, or in which a court of session or district magistrate or other magistrate of the first class passes a sentence of fine not exceeding fifty rupees only -explanation-there is no appeal from a sentence of imprisonment passed by such court or magistrate in default of payment of fine when no substantive sentence of imprisonment has also been passed -1- - ---~ - - - - 425 (1) whenever a case is decided on appeal by the high ordet court under this chapter, it shall certify its judgment or order to b~ the court by which the finding, sentence or order appealed against ~'!t on was recorded or passed if the finding, sentence or order was appeal to recorded or passed by a magistrate other than the district magis- be trate, the certificate shall be sent through the district magistrate certified to lower - - - - - court 428 (1) in dealing with any appeal under th is chapter, the appel appellate court, if ith l'c:~ additional evidence to be necessary, late shall record its reasons, and may either take such evidence itself, ;~~e or direct it to be taken by a magistrate, or, when the appellate f~er court is a high court, by a court of session or a magistrate evidence or direct it to be taken - - - - - chapter xxxii- of reference and revision - • - •435 (1) the high court or any sessions judge or district power magistrate, or any sub-divisional magistrate empowered by the to state government in this behalf may call for and examine the call for record of any proceeding before a~y inferior criminal court situate =or within the local limits of its or his jurisdiction for the purpose of coul"ts satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the reaularity of any proceedings of such inferior court and may, when calling for such record, direct that the execution of any sentence or order be suspended and, if the accused is in confinement that he be released on bailor on his own bond pending the examination of the record explanation-all magistrates, whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the sessions judge for the pul"poses of this sub-section and of section 437 (2) if any sub-divisional magistrate acting under sub-section (1) considers that any such finding sentence or order is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he think, fit, to the district magistrate~ - - - - - (4) if an application under this section has been made eithl!l' to the sessions judge or district magistrate, no further application shall be entertained by the other of them power to order court lllquiry ~6 on examining any record under section 435 or otherwise, the high court or the sessions judge may direct the district magistrate by himself or by any of the magistrates subordinate to him to make, and the district magistrclte may himself make, or direct any subordinate magistrate to make further inquiry into any complaint which has been dismissed under section 203 or subsection (3) of section 204, or into the case of any person accused of an offence who has been discharged: provided that no court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made power to order commitrnent 437 when, on examining the record of any case under section 435 or otherwise, the sessions judge or district magistrate considers that such case is triable exclusively by the court of session and that an accused person has been improperly discharged by the inferior court, the sessions judge or district magistrate may cause him to be arrested, and may thereupon instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of the sessions judge or district magistrate, improperly discharged: provided as follows:-(a) that the accused has had an opportunity of showing cause to such judge or magistrate why the commitment should not be made; (b) that, if such judge or magistrate thinks that the evidence shows that some other offence has been coiddlitted by the accused, such judge or magistrate may direct the inferior court to inquire into such offence 438 (1) the sessions judge or district magistrate may, if he report thinks fit, on examining under section 435 or otherwise the record to high or any proceeding, report for the orders of the high court the court result of such examination, and, when such report contains a recommendation that a sentence or an order be reversed or altered, may order that the execution of such sentence or order be suspended, and, if the accused is in confinement, that he be released on bailor on his own bond (2) an additional sessions judge shall have and may exercise all the powers of a sessions judge under this chapter in respect of any case which may be transferred to him by or under any general or special order of the sessions judge 439 (1) - - - high court's powers of (3) where the sentence dealt with under this section has been revision passed by a magistrate acting otherwise than under section 34, the court shall not inflict a greater punishment for the offence which, in the opinion of such court, the accused has committed, than might have been inflicted for such offence by a presidency magistrate or a magistrate of the first class - - - - chapter xxxv proceedings in case of certain offences affecting the a in ra n of j cstice - • - • •479 when any such commitment is made by a civil or revenue procedure court, the court shall send the charge with· the order of commit- of ment and the record of the case to the presidency magistrate, civil district magistrate or other magistrate authorised to commit for orr evenue trial and such magistrate shall bring the case before the high court in court or court of session, as the case may be together with the such witne-ss the prosecution and defence cases - - - - - chapter xxxvi of 1'ht maintenance of wives and childrenorder for main_ tenance of wives and children 488 (1) if any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the district magistrate a presidency magistrate, a sub-divisional magistrate or a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate rot exceeding (five hundred rupees) in the whole, as such magistrate thinks fit, and to pay the same to such person as the magistrate from time to time directs - - - part ix supplementary provisions - - - - chapter xli- su (1) - special rules of evidence - - - - - - - record of evidence in abserce ot accused, record of evidence when offender unknown (2) if it appears that an offence punishable with death or (imprisonment for life) has been committed by some person or persons unknown, the high court may direct that any magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of india chapter xliiprovisions as to bonds - - - - - 515 all orders passed under section 514 by any magistrate other appeal than a presidency magistrate or district magistrate, shall be appeal- from, able to the district magistrate or, if not so appealed, mav be revised an~ , revjsjon by him of, orders under section chapter xliii 514 of the disposal of property - - - - ~2f (1) if no person within such period establishes his claim to procedure such property, and if the person in whose possession such property where was found, is unable to show that it was legally acquired by him, no h h· claimant sue property s all be at the disposal of the state governmen t appear and :may be sold under the orders of the presidency magistrate, withins district magistrate or sub-divisional magistrate, or of a magistrate six of the first class empowered by the state government in this behalf months (2) in the case of every order pa'ssed under this section, an appeal shall lie to the court to which appeals against sentences of the court passing such order would lie - - - - chapter xliv of the transfer of criminal cases - • - • •s~8 (1) - - - - - sessions judge withdraw cases from assistant sessions judge (2) any chief presidency magistrate, district magistrate or district sub-divisional magistrate may withdraw any case from, or recall or any case which he has made over to, any magistrate subordinate to su~­him, and may inquire into or try such case himself, or refer it for ~::~~l inquiry or trial to any other such magistrate competent to inquire magisinto or try the same trate may with-- - - - - draw or refer cases chapter xlvi miscellaneous •- - - - - - - - (2) when there is any doubt as to who is the 'successor in office of any magistrate, the chief presidency magistrate in a presidencytown, and the district magistrate outside such towns, shall determine 'by order in writing the magistrate who shall, for the purposes of this code or of any proceedings or order thereunder, be deemed to be the successor in office of such magistrate - - - - - provision for powers of judges and magistrates being exercised by their successors in offtee s61-(1) notwithstanding anything in this code, no magistrate except a chief presidency magistrate or district magistrate shall-(a) take cognizance of the offence of rape where the sexual intercourse was by a man with his wife, or (b) commit the man for trial for the offence special provisions with respect to offence of rape by a husband (2) and, notwithstanding anything in this code, if a chief presidency magistrate or district magistrate deems it necessary to direct an investigation by a police-officer, with respect to such an offence as is referred to in sub-section (1), no police-ofticer of a rank below that of police-inspector shall be employed either to make, or to take part in, the investigation - - - - - first offenderss62 (1) when any person not under twenty-one years of age is convicted of an offence punishable with imprisonment for not more than seven years, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender if it appears to the court before which he is convicted, regard being had to the age character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be rejea!jpd on probation of good conduct, the court may, instead of sentencing power of court to release certain convicted offen_ ders on probation him at once to any punishment, direct that he be released od hit enter- of ing into a bond, with or without sureties, to appear and receive iood sentence when called upon during such period (not exceeding three ~onduct years) as the court may direct, and in the meantime to keep the =:~ of peace and be of good behaviour: eing to punish-provided that, where any first offender is convicted by a 'magis- ment trate of the third class, or a magistrate of the second class not specially empowered by the state government in this behalf, and the magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a magistrate of the first class or sub-divisional magistrate, forwarding the accused to, or taking bail for his appearance before, such magistrate, who shall dispose of the case in manner provided by section 380 previously convicted offenders565 (1) when any person having been convicted-order (a) by a court in india of an offence punishable under sec- for tion 215, section 489a, section 489b, section 489c, or section 489d ~otify­of the indian panel code, or of any offence punishable under :~ss chapter xii or chapter xvii of that code, with imprisonment at of either description for a term of three years, or upwards, or previously cod-victed offender of 1:-160 (b) before the 26th day of january, 1950, by a court or tribunal in any indian state acting under the general or special authority of the central government or of the crown representative, of any offence which would, if committed in india, have been punishable under any of the aforesaid sections or chapters of the indian penal code with like imprisonment for a like term, is again convicted of any offence punishable under any of those sections or chapters with imprisonment for a tenn of three years or upwards by a high court, court of session, presidency magistrate, district magistrate, sub-divisional magistrate, or magistrate of the first class, such court or magistrate may, if it or he thinks fit, at the time of passing sentence of imprisonment on such person, also order that his residence and any change of or absence froda 479 (b) ls-io - such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence - - - - - (3) the state government may make rules to carry out the provisions of this section relating to the notificaion of residence or change of or absence from residence by released convicts - - - - - (5) any person charged with a breach of any such rule may be tried by a magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated - - - - explanatorv note-the entries in the second and scvcnth columd!l oflhe schedule, headed respectively "offence" and "punishment under the indian penal code", are not intended as definitions of the offences and punishments described in the several corresponding sections of the indian penal code or even as abstracts of those sections, but merely as references to the subject of the sectionl the number of which is given in the first column the third column of this scheduje appiles also to the rotice in the towns of calcutta and bombay sectlod otrencc , whe- whe-whe- whe-punish-by what court ther ther ther ther ment triable tbe a bailable com under police warrant or poundthe may or a dot able lddiad arrest sumor penal with- mons aqt code out shall warrant ordior narily not issue in the first instance 1 4 6 7 8 3 109 the court by which the offence abetted is triable abetment ofanyoffencc, if the act abetted is committed in consequence, in - nd where do express provisiod is made for its punishment 110 iucl abetment of any offence, if the penon abetted does the act whh a di«erent tdtedtion from that of the abettor ditto iii abetment of illy o1fence, when one act is rabened and a differedt act is done; subject to the provisol dino if) abetment of any ofi"encc, when an effect is caused by the act abetted diberent from that intended by the abettor | 114 abetment | of | any offence ||-----------------------------|-------------------------|-----------------|| if | abettor is present when | || offence is committed | | || the | | || court | | || by | which | || the offence abetted | | || is triable | | || ditto | | || ditto | | || dittu | | || ditto | | || lis | | || abetment | of | an || punishable with death | | || or | | || imprisonment for life, | if | || the offence be | not | commit- || ted | | || in | consequence | of || the abetment | | || if | an | || act | | || which | causes | || harm | be done | || in | | || conse- | | || quence | | || of | the | abetment || u6 | | || abetment | of | || an | | || offence, | | || punishable | | || with | | || imprison- | | || ment, | | || if | | || the | offence be | || not committed | | || in | con- | || sequence | | || of | the | abetment || if | the | abettor || abetted be a public ser- | | || vant whose | | || duty | it | is to || prevent the offence | | || ditto | | || 117 | | || abetting the commission | of | || an offence by the public, | | || or | by more than ten | || persons | | || ditto | | || ditto | | || 118 | | || concealing a design | to | com- || mit an offence punishable | | || with | | || death | or | imprison- || ment for life, | | || if | the | || offence be committed | | || ifthe | offence be | not || mitted | | || dino | | || 119 | | || a public servant concealing | | || a design to commit an | | || offence which it is | | || bill | | || duty to prevent, | if | the || offence be committed | | || ditto | | || if | | || the offence be punishable | | || with death | | || or | imprison- | || ment for | | || life | | || ditto | | || if | | || the offence be not com- | | || mitted | | || ditto | | || ditto | | || i %0 | | || concealing a design to com- | | || mit an offence punishabk | | || with | | || imprisonment, | ifthc | || offence be committed | | || it | | || the o«ence be not com- | | || mitted | | | chapter va-criminal conspdtacyi lob criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards court of session when the offence which ia the object of the conspiracy is triable exclusi'tllely by such court: in the case of all other od'en-cia court of scaion presidency miiiatrate or magistrate of tb firstclus any other criminal conspiracy plnfdenc:y map triiii or magistrate of the first dills chapter vi-oppbnciis against the statlicourt of session 121 waging or attempting to wage war, or abetting the waging of war against the govermnent of india ditto i -z i a conspiring to commit certain offences against the state duto 122 collecting arms, etc, with the intention of waging war against the government of india 123 conocaling with intent to facilitate a design to wage war ljmv 124 assaulting president, governor, etc, with intent to compel or restrain the exercise of any lawful power i-z4a sedltion - court of session, chii:f plaidency miptnte or district magistrate or~ of the fim c:lua specially empowered by the swe goverdidcdt in that behalf | court | of | session ||---------------------------|------------------|-------------|| 12 | | || 5 | | || waging | | || war | | || against any | | || asiatic power | | || in | | || alliance | | || or | at | || peace | | || with | | || the | gov- | || ernment | of | india, || abetting | the | waging || of | | || such | | || war | | || 126 | | || oiu\" | | || committing depredation on | | || the | | || teuitotxa | | || of | any | || po- | | || wer | | || in | | || auiancc | | || or | at | || peace | | || with | | || the | | || g:lvernment | | || of | | || india | | || ditto | | || receiving | | || property | | || taken | | || by | | || war | | || or | | || depredation | | || meotioded | | || in | | || sec:tions | | || 12s | | || and | | || 126- | | || 128 | | || ditto | | || public servant | | || voluntaril | | || allowing | | || prisoner | | || of | | || sta~ | | || or | | || war | | || in | | || his custody | | || to | | || escape | | || court | | || of | | || sessions, | | || 129 | | || public servant | | || negligently | | || suffe~ | | || prisoner-of | | || state | | || or | | || war m | | || his custody | | || to | | || escape | | || i~resid | | || magis- | | || trate | | || ~trate | | || of | | || the | | || tlrst | | || clau | | || court | of | || session | | || aiding escape | | || of | rescuing | || or | | || harbouring, | | || such pri- | | || soner, | | || or | offering any re- | || sistadce | | || to | | || the | | || recapture | | || of | | || such | | || prisoner | | | chaptbr vii-opjiiincbs rjllating to thi army and navycourt of session 131 abetting mutiny, or attempting to aeduce an olbcer, solcuer, sauor or airman from his allegiance or duty dillo 132 abetment of mutiny, if mutiny is committed in consequence thereof court of sessiod, prejlidency magii-trate or magistrate nf the first class 133 abetment of an assault by an officer, soldier, sailor or airman on his superior officer, when in the execution of his office court of session [34 abetment ofsuch assault, if the assault is committed [35 abetment of the desertion of an deer, soldier, sailor or airman presidency malistratcor magistrate of tbe 6rst or second class 136 harbouring such an deer, prcaidency magissoldier, sailor or airman, trate or ~iswho has desened trate of the rst deserter concealed on board or second class 137 ntercbjult-vessel through ditto negligence of master or person in charge thereof 138 abetment of act of insub-ditte ordination by an officer, soldier, sailor or airman if the offence be committed in consequence 140 wearing the dress or car-\ny magistrate ryinj any token used by a soldier, sailor or airman, with intent that it may be believed that he is such a soldier, sailor or airman any magistrate ch,\ptbr viii-ol'pbnces against the pvbljc tita~ql~ilit'1' 143 being member of an unlawful assembly144 joining an unlawful as-ditto sembly armed with any deadly weapon ditto 145 joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse ditto 147 rioting 148 rioting, armed with a deadly weapon court of session, presidency magistrate or the mllfatrale of the tint cjaas 149 the court by which the offence is triable if an offence be conlmittej by any member of an unlawful alosembly, every other member of such a!t~embly shall be guilty of the offence ditto iso hiring, engaging vr employing persons (0 talee part in an unlawful assembly any magistrate lsi knowingly joining or continuing in any assembly of five or more penons after it has been commanded to disperse | | i | 52 ||--------------------------|--------------------------|--------------|| assaulting | or | obstructing || publi~ | ser~ant | || when | sup- | || pressmg riot, etc | | || court | of | session, || presidency magis- | | || trateor | magistrate | || of | the | first class || any magistrate | | || 153 | wantonly giving provoca- | || tion with | | || intent | to | cause || riot, | | || if | rioting | be || ted | | || ! | | || if | | || not | committed | || ditto | | || i53a promoting | | || enmity | between | || classes | " | || presidency magis- | | || trateor | | || magistrate | | || of | | || the | | || firit | | || class | | || 154 | | || owner | or | occupier || of | | || land | | || not | giring | information || of | riot, etc | || presidency maais- | | || uate | | || or | | || magis- | | || trate | | || of | the | fint || or | second class | || ditto, | | || 155 | | || person for whose benefit | or | || on whose | | || behalf | | || a | | || riot | | || takes place | | || not | using | || au | | || lawful means to | prevent | || it | | || ditto | | || 15 | | || 6 | | || agent | of | owner || for whose benefit a | | || riot | is | || committed | | || not | using | all || lawful means | | || to | prevent | it || ditto | | || i | | || 57 | harbouring persona | || hired | | || for | an | unlawful || ditto | | || 158 | | || being | | || hired | | || to | | || take | | || part | | || in | | || an | unlawful assembly | or || riot | | || ditto | | || or | to | || go | | || armed | | || any magistrate | | || roo | | || committing affray | | | ciui'tbr [jc-oppb~cbs by or rblating to public sovantscourt of session, presidency map-trate or magistrate of the fint class 16 i being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act ditto 162 taking a gratification in order by corrupt or iuesal meana to influence a public servlllt 163 taking a gratification for the exercise of personal influence with a publk servant i'r:,ijency l\lasis-irale iii l\'l:lgistnue: l,f the firs! :lass court of session presidency magistrate or magistrate "f the fir;t clas' i () 4 abetment by public servant of the offences defined in the last two preceding clauses with reference to himself pr<-sidency magi~-(rate or magistrate of the first or second das~ 165 public servant obtaining any valuable thing, without consideration, from ii person concerned in any proceeding or business transacted by such public servant ditto 166 public servant disobeying a direction of the jaw with intent to cause injury to any person l6i public servant framing an incorrect document with intent to cause injury cow·t of session presidency magi~­trate or magistrate of the first class 16::) public servant unlawfully engaging in trade presidency magistrate or magistrate of the first class dino 169 public servant unlawfully buying or bidding for property \n: ~lagistrat(', 170 personating a public servant 171 wearing garb or carrying token used by public servant with fradulent intent charter ixa-omncbs)u!lating to elbctions,t7ie bribery p-:~idency ,\tagh' tral": or magistrate , ·f i he first clas • ditto 171f unduc influence at an election dino personation at an election 1479 (b)ls-u ,-----------------------------------------~---------------------171g false statement in connection with an election presidency magistrate or magistrate of tbe first class ditto 171h illegal payments in connection with elections ditto 1711 failure to keep election accounts, chapter x--contilmp'fs of the l\wfl'l :\l-rhori'fy of public servantsany magistrate, 172 absconding to avoid service of summons or other proceeding from a public servant ditto if summons or notice require attendance in person, etc, in a court of justice presidency magistrate or mqis-trate of the first or second class i:' 3 preventing the service llr the affixing of any summons of notice, or the removal of it when it has been affixed, or prevcntin~ a proclamation ditto if summons, etc, require attendance in person, et<:, in a court of justice any magistrate 174 not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority ditto if the order require personal attendance, etc, in a court of justice 175 intentionally omitting iii produce a document to a public servant by a person legally bound to produ:: or deliver such document the court in which the offence ii commi tted, subject to the provisions of chapter xxxv; or, if not committed in a court, a p~i­dency mqistntc or magistrate of the first or second class ditto, ff the ducument is requir:,l to be pr\lduced in or delivered to a cuurt of j u~­tic(' ---------_ presidency magistrate or magistrate of the first or second e1as:- 17(-, intentionally omitting to give notice or information to a public servant bv a person legally bound to give such notice or information ditto if the notice or information rcquircd respects the commission of an offence etc ditto if the notice or information is required bv an order passed under subsection (i) of section 565 of this code ditto 1"-:0 knowingly furnishing false information to a puhlic servant ditto if the information required respects the commission of an offence etc i -:0); refusing oath when duly required to take oath hy a public sen·ant the court in which the offence is committed, subject to the provisions of chapter xxxv; or if not committed in a court, a presidency magistrate or magistrate of the first or second class ditto 179 being legally bound to state truth and refusin~ to answer question~ ditlo i go refusing to sign ii statement made to a public servant when legally required to lin so i ~ i ki111\\'ingh sl atid!! iii a public ~cr\'3nt (in oath a< true ihat \\ hich is false (:ourt "r sessillll presidency mil~i"~ trate or magistrate of the fir~t dass i'r':,:j,'i1c\ ,\lici" irate or 'mai·ltrut'' llf the first or 'ic-c()nd cia!', i';! (ii\'ing false in!\lrmllllln ii' :i public servant in order to cause him 10 use his !awful power to the injury or annoyance of any person ---- -----------i ~ 3 resistance to the taking of property by the lawful authority of a public ~er­vant preaidency magistnte or magistrate of the fint or second elas; ditto r s~ ob'aructing sale of property offered for sale h\ authority of a public servant ditto l'i, bidding, by a person und~r a legal incapacity to purchase it, for property at a lawfully authorised sale, or bidding without intending to perform the obligations incurred thereby, ditto j ~6 obstjucting public servant in discharge of his public functions ditto j 87 omission to assist public servant when bound b,· law to give such assistance ditto wilful neglecting to aid j public servant who de· mands aid in the execution of process, the prevention of offences, etc ditto i ~8 diiobedience to an order lawfully plomulgated by a public servant, if such disobedience causes, obstruction annoynace or injury to persons lawfully employed ditto if such disobedience causes danger to human life health or safety, etc threatening a public sl'r-"ant with injury to him, or one in whom he is intetested to induce him to do or forbear to do any official act ditlo threatening any person to induce him to refrain from making a jegal application for protection from injury chapter xi-faisf evidfnci' a!\"d offencf!i against public justice113 giv:n4f or fabricuing false evidence in :l iudicial rroceedinp: glurt of session presidency magistrate or magistrate of the first class ditto giving or fabricating fal~t' evidence in any other ca!'c court of session 19 giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence ditto if innocent person be thereby convicted and executed ditto 195 giving or fabricjting false evidence with intent to procure conviction of an offence punishable with imprisonment for lite or with imprisonment for 7 year; or upward~ 196 using in a judicial proceeding evidence known to be false or filbricated court of session, presidency magistrate or magistnte of the first class ditto 197 knowingly issuing or signing a false certificate relating to anr fact of which such certdicate is by law admissible in evidence ditto 198 using as a true certificate one known to be false in a material poiflf ditto 199 false statement made in any declaratinn which is hy law rel'l'ivanlc as c\·idencc ditto ~oo u sing a~ true any such declara! ion known to be fals·~ ;:·')1 clusing ji~al'pcartnc,· 0/ evidence of an "tfenl:e corlmitted, or giving false information touching it to screen the offender, if a capital offence if punishable with imprisonment for life or imprisonment fpr to years court of session presidency magilltrate or magilltrate of t he first class if punishable with less than 10 years' imprisonment presidency magi~-trate or magistrate of the first class or court lw which thc offence is triable 202 intentional omissiun tu give information of an offence by a person legallv bound to inform presidency magistrate or magistrate of the first or seo:lild class ditto 203 ghring false information respecting an offence committed lo-l secreting or deslwying any document to prevent its production a~ evidence presidency magistrate or magistrate of the first class cuurt of session, presidenc\' magistrate or magistrate of the first class 2::>5 false personation for the purpose of any act ur proceeding ina suit or criminal prosecution, or for becoming bail or security presidency magistrate or magistrate of the first or second class 206 fraudulent remuval ur cullcealment etc, of property to prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree ditto loi claiming property without right or practising deception touching any right to it, to prevent its being taken as a forfeiture or in ~atisfaction of a fine under ~entencl', or in execution l,f a deaee magis· magi,,-the fir~' i'n:sidency trate (lr trate (if dass fraudukntl\" sutlcring a decree to i,ass for a sum not due or suffering decre!: to be cxccu tcd a h t't i t ha~ been ~ali,lil·'i '!09 false claim in a enurt of justice presidency magistnte or magistrate of the first class :: j 0 fraudulently obtaining a decree f0r a sum not due or causing a dc('tee to he executed after it ha!; heen satisfied ditto :: j i false charge of offence made with intent to injure i f offences charged be punishable with imprisonment for 7 years or upwards court of session presidency magis~ trate or magistrate of the first class court of session if offence charged be capital, or punishable with imprisonment for life 2 j 2 harbouring an offender, if the offence be capital court of session, presidency magistrate or magistrate of the first class ditto if punishable with imprisonment for life, or with imprisonment for 10 yelu's if punishable with imprisonment for j vear and not for 10 years presidency magistrate or mag istrate of the first class, or court by which the offence is triable court of session 213 taking gift, etc to screen an offender from punishment, if the offence be capital if puhishable with imprisonment for life, or with imprisonment for 10 years court of session, presidency magistrate or magistrate lif t he firs t dasli 11 \\ llh imprisllnmcnt fur les~ thdn 10 \·ears presidency magistrate or magistrate of the fir~1 class, or court bv which the ,fence it; triable court uf sc'ic;ion offering gift ur rcstoratilljl of property in consideration of screening offender if the offence be capital _---__--------if punishable with imprisonment fur lift: llf with imprisonment f(lf ie years court of session l'rcsidency magistrate or magist r;lh: (,f the fir~t dass if with imprisonment 1('1 less than 10 years presidency magistrate or magistrate llf the first class or court by which rhe offence is triable l'rt'sidency magistrate or maistrate of the first class 215 taking gilt to help to rcc(,-ver moveable property (,i which a person has been deprived by an offence without causing apprehension of c'ffender c"urt of sess ion presidency magistrate or mlfis-[rate of the first class = i" harbouring an offender \\ h<, has escaped from custod~ or whose apprehension has been urdered, if the offence be capital ditto if pwlishlible with imprisonment for life or with imprisonment for 10 yeaf' if with imprisonment for i year, and not for 10 yeaf!l presidency magistrate or magistrate of the first class, or court by which the offence is triable 216-\ harbouring robbcrs l'r dolcoits court of session, presidency magistrate or magistrate of the fint class presidency alagistrate or magistrate of the tint or second class :hi public servant disl,hl"ying a direction of law with intent to save person from punishment, or pro('crt)· from forfeiture court of sessi~)j"1 21~ public iicn'ant framillg an incorrect record or writing with intent to save rerson from punishment, or rr0-perty from forfeiture: court of session 219 public servant in a judicial proceeding corruptly mak-109 and pronounci ng an order, repon, verdict or decision which he knows to be contrary to law ditto 220 commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law ditto 221 intentional omission to apprehend on the pan of a public servant bound by law to apprehend an offender, if the offence be capital if punishable with imprisonment for life or imprisonment of 10 years ifwithimprisonment for less than 10 years court of session, presidency magistrate or mqiatrate of the fint cint presidency magistrate or magistrate of the first or second class court of session zza intentional omission to apprehend on the part of a public servant bound by jaw to apprehend person under sentence of a court of justice if under sentence of death if under sentence of imprisonment for life or, imprisonment for 10 years or upwards if under sentence of imprisonment for less than 10 years or lawfully committed to custody coun of session, presidency mtaistrate or magistrate of the fint class :z23 escape from confinement negligently suffered by a public servant presidency magistrateor mmia--trate of the fint or second ciua ditto resistance or obstruction by a person to his lawful apprehension ditto :us resistance or obstruction to the la wful apprehension of a nother person, or rescuing him from lawful custody 1479 (d) ls-12 | if | charged with an·offence ||-----------------------------|----------------------------|| punishable with imprison- | || ment for life, | || or | impri- || sonment for | || 10 | || years | -, || court | of || presidency magis- | || trate | or || trate | || of | the || class | || court | || of | session || if | charged with a capital || offence | || ditto | || if | the person is sentenced to || imprisonment for | life, || or | to || 10 | || years | || or | upwards || if | || under sentence | of || ditto | || usa | omission || to | || apprehend, | or || sufference | of || part | || of | public servant, || cues | not || vided | || for- | || (a) | || in | || case | || of | intentional || omission | || or | sufferance ; || court | of || presidency | || mii- | || gistrate | || or | magis- || trate | || of | the first || class | || (b) | || in | case || omissions | || or | sufferance || presidency | || magis- | || trate | or || trate | || of | the || first | || or | second class || ditto | || resistance | || or | obstruction to || lawful | || apprehension, | or || escape | || or | rescue, || in | || cues | || not | otherwise provided for || court | of || :u6 | || unlawful | || retl1r1l | from im- || prisonment for life | || 227 | || violation | of || remission | of || the | court || the original offen- | || ce | || wu | || triable | || 228 | || intentional insult | or || terruption to a public ser- | || vant sitting | || in | any stage || of | || a judicial proceeding | || the | court in which || the offence | || is | com- || mitted, suhject | || to | || the provisions | of || chapter | || xxxv | || 229 | || personation | of || as~sur | || presidency magis- | || trate | || or | magis- || trate | || ilr | || the first | || cl:iss | | chaptsr xi l-ofpbnces re1a tlng to coin and government stami's| court ||-----------------------|| 231 || counterfeiting, || or || perform- || ina || any || part || of || the || process || of || counterfeiting, coin |3 4 5 6 7 8 ----,,------------------------------------------court of session ~3~ countelfeiting, or performing any part of the process of counterfeiting, indian coin 233,a,making, buying or selling instrument for the purpose: of counterfeiting coin court of session, presidency magistrate or masis trate of the first class court of session 234 | making, buying | or ||----------------------------|--------|| instrument for the purpose | || ot counterfeiting | indian || c~jn | |235 possession of instrument or material for the purpose of using the same for counterfeiting coin i court of session, presidency magi&-trate or mqia trate of the first class court of session if indian coin - ditto 236 alxtting in india the cowlterfeiting out of india of coin | coun | of ||------------|-------|| pzcaidcncy | || magis- | || trate | || or | || magi | || trate | of || the | || drst | || class | || court | || of | || session | |237 import or export of counterfeit coin, knowing the same to be counterfeit -238 import or export of coud~ terfeits of indian coin, knowing the same to be counterfeit 239 having any counterfeit coin knwn (0 be such when it came into possession, and delivering, etc, the same to an,' person | court | of ||-------------------|-------|| presidency magis- | || trate | or || magis- | || aatc | || of | || the | || first | || ella | || ditto | |240 the same with respect to indial1 ,,,;, 2p~knowingly delivering to another any counterfeit presidency maaistrate or magistrate of the first or second clus ~oin as genuine which, when first possessed, the deliverer did not know to be counterfeit | possession ot | counterfeit ||----------------------------|----------------|| coin by | || a | || person who knew, | || it to | || be | || counterfeit when | || he became possessed there- | || of | || court of | session, || plaidcdc)' | || mqia- | || trate | || or | || maaia- | || trate | || of | || the | || ant | || ciaa | |i 3 4 5 6 7 8 243 possession of indian coinby a person who knew it to be counterfeit when he became possessed thereof court of session, presidency magistrate or the magistrate of the first class court of session 244 penon employed in a mint causing coin to be of a diiferent weight or composition from that fixed by law ditto 245 unlawfully taking from a mint any coining instrument fraudulently diminishing the weight or altering the composition of any coin court of session presidency magistrate or the magistrate of the first class ditto~ 247 fraudulently diminishing the weight or altering the composition of indian coin d ditto altering appearance of any coin with intent that it shall pass as a coin of a different description ditto • 249 altering appearance of indian coin with intent that it ~ pass as a coin of a di1felent description ditto, 250 delivery to another of coin possessed with the knowledge that it is altered ditto 2s1 delivery of indian coin possessed with the knowledge that it is altered ditto 252 possession of altered coin by a person who knew it to be altered when he became possessed thereof ditto 253 possession of indian coin by a penon who knew it to be altered when he became possessed thereof 254 presidency' magistrate or magistrate of the first or second class delivery to another of coin as genuine which when first possessed the delifcrer did not know to be altered i 2 3 4 s 6 7 8 coun of session 255 counterfeitiag a government stamp ditto 256 having possession of an instrument or material for the purpose of counterfeiting a government stamp ditto 257 making, buying or seuirg instrument for the purpose of counterfeiting a government stamp ditto 258 sale of counterfeit government stamp 259 having possession of a counte~it government stamp court of session, presidency magistrate or magistrate of the first class ditto-260 using as genuine a government stamp known to be counterfeit ditto 261 effacing any writing from a substance bearing a government stamp, or removing from a document a stamp used for it with intent to cause loss to government 262 using a government stamp known to have been before used presidency magistrate or magistrate of the first or iieoodd dass 263 erasure of mark denoting that stamps have heen used court of session, presidency magistrate or magistrate of the first class presidency magistrate or magis trate of the first class 26-t fraudulent usc of false instrument for weighing presidency magistrate or magistrate of the first or iecodd etass | 21)5 | fr:llldulc:nt | usc: ||---------------------|----------------------------------|------------|| "f | | || weight ,)r measurc | | || false | | || l'r,'sidl'll':y | magis- | || trate | ,'r | magistrate || "f | | || the | first | or || "'':'',1,1 | | || c1lss | | || dittu | | || 200 | [;:ing in p,)sscssion ilf false | || \\'c:ights | | || ur | measures | fur || fraudulent use | | || 267 | | || making | or | selling || ~falsc | | || weights or measures | f(,r | || fraudulent use | | |~cgligently doing any act known to be likelv to spread infectiun or" any disease dangerous to life presidcncy magist rat<: or magi5-tratt: llf the first or second class l'r~sijcncy mogis-11'11<: or magis-i rat,' <if lh~ first 'r ,::,111<1 class malignantly doing any ;lct known i,) be iikc:lv hi spread infection 1)[ any disease dangerous to life dino knowingly jiso\wying any quarantine rule i):no 272 :\julterating food or jri"i intended for sale, so as to make the same noxious ditto selling any food or drink as food and drink, knowing the same to bc noxious adultcrlting any ii ug ,)r medical prcpjrjtiun iiw:i\j-cd f')r sal: su ", tll h:sscn its effici<!ncy, or tu clungc :jp~ration, or i,) m:lk: it n ixi"us llicring 1,,1' ,,,k ur issuing ; i, 'm j ji,p:nsary any drug d 111;,ij,:,,1 i'r':i'jratillll i;11"\\'n t' h;ii'c h~cn ajul-[ercilej klhjwm~ly sdlillg \lr i~,uln~ t'r,nn a jisp:n>lry any drug ur illcdi:al i'n:parauun a' a jitkrc!lt jrug or mejical preparation ,if a r~~cr-d:riiing jthe wat:r public spring "r \·ulf :-'< j\\aj:::t: ~,tm"';\t rt' ill'x-iuu~ (,' hcdlll, diul', ]79 l)rj\'il~" , r rilill!,! i'll rubii'; \\ a:, st' ra~hh ilr negligcn!ly a~ t" endailgcr hll:::;!!; 1::;>, ":,', ~ll\"if~hil·~: ~l: \1'~fj sp rashh' l'r r:n:licl'nth' as iii :ndailg:r !nlman lii'c etc i 'r"~idcll~'y mal!ist r'lte l'r magistrue l)f the firs t ,'r sl'ix)()j class :::"urt of session exhih:;,!; ,, ~ u'f jifllt mark ,'r :-11<'\, cl'n\t:~ ing f,'r hire ail~ \'cr-,,'n h' \',:;r:[ il: a \"cssd in sudl :1 qall', ('i" s, iil~llkd, j' t,· ei;,hli:~"r ill> lift', l'n:sidcncy magistrate l'r magistrate l,f the first ,'r second class c;lti·ii:':: ,:jj'cn <l',lrlilti"11 ,;r ir,i\ir\ ::, ,11: \'ul,lil: pn:~idene" magistrate ('r magistrate (,f the first or \\'~l-y i'r lire d" na\"igation ~c'i',md class l)~'~d!r:~ \' ::l d"\ l"~ll:--"ln(ius ~ublal::e ",' at t" cndanger hloiman life etc any ,\ \agi~tralc dcajinc with fire l'f ally clmlb~lstih(' matter si' as to enjjng('r human life, etc' ls6 so dealing \iith jil~ i'k)~i\"c "l1htal,,\', 2s-~i' ,k:!i':',: ,,::1: 1;; 1l13c"11l-:" r', , ; 'rc~ij(,llc~' ma)! is- rltl' i'r macistrate ,'i the lir~t or x;,\lnd class ' \ 1'1"""1' ····i!rll~~· til r,lurd ,l:,,' \ ," ,i;tll~l'r 11,1' ";t 11 : :1' 'o' ,1 : ~: 11 , l iii i r -ii il ~"\\il \' 'j i' i' i' 1""iid iii : ~ i' 1 '\ ' i '·',1, '~i , '01' 1', i , - lijrd ,h':,l1!1\( ,/;111!!l'i' til '~ii11:-~ 1"!'l' l'l \,1" gric\",'lis ll1n :-ii't11 ",uch ~1i1irnill ~lj i cuntinuance of nuisance if!cr injunct ;on 10 discl'n-iinu:: l'residcm:v ma~i~-trate (\1" macistr:li" \if the tif~t ',if second class ~~2 ~:lh: 10 li:, uf l)b~ccnc bol,k~, etc l'rl'siul'ncy m~h:i,-irate or ma;~i,­trate of th: tir,r class dittn 293 sale, etc, of obscene (,biecrs tl) young persons 294 ohscene songs any magistral': | ':::yj | "\ ||------------------------------|-------------|| kl':ping a lottery ofjict' | || diu" | || i'ublishing | || prop(l~als | || rela- | || ting | || hi | || lotteries | || ditto | || presidency | || l\bgi<,- | || trate | || or | magis- || trate | of || first | || llr | || second class | || de,twying, | || damaging | || l'r | || defiling | || a | || place | of || l'r | || sacred object with in- | || (ent | || to | || insult the religion | || clf | || any | || class | || of | || persons | || court | || of | session || or | || presidency | || magis- | || trate | || maliciously insulting | the || religion | || or | the || beliefs | || of | any || class | || causing | a || asseml'ly | || engaged | in || reli- | || gious worship | || presidency | || ma\!i~­ | || trate | or || ma~i'i­ | || trale | of || the | || tir,r | || ur | || ,el'\ | || llhl | d,i", || uillu | || tn:srassing | in || place | of || ~hir | || l'r | sepulchre, || in: | || funeral wirh | || intentil'll | || iu- | iil'uilj || the | || fcdill\!, | || d | i,' || imult | || rhe | || rdigilll1 | || -"i' | || ;lily | i'ersun, or || lllkring | || in | || ,\i;i11t': | iii || ;l | || human | || c~lrrs~, | |ltkring any word or mak-1l1g any sound in the healinl:, l'r making any gesture, l'r r1acing any \ibject ill the ,ight, of any per~l lll, with intentioll to wouilj hi~ rdigi~'us feding ----__---------,----- ----- , - --- of offences affrcti"g l::1~_:\irt of s:ssion, ~02 murder ditto, murder t·: a rer"'1l under sentence (if imprisonment for life ditto 304 culpable homicide not amounting to murder if act by which the death is caused is done with intention of causing death, etc dino if act is dcme with knowledj!e that it is likely to cause death, but without anv intentiun to cause death, etc ,304:\ cau5inc: de:lth h [':l~!l ot negl:g'cut :ct-court of se~'1!o~, presi:!ency ma!;!is~ tr:'lte n m:l!!:':str;:'e of tile first cll:';s court of sessicn :';c5 at'ctment of ~,i:cidc committed by c;l1\j or i!l,:\:1e or delirious p::rson or 3n idiot, or a pl!rson intoxicated ditto ::>6 abetting the commission of suicide ditto 307 attempt to murder if such act cause hurt to an\' person c:~o attempt by life-convict to murder, if hurt is c3usej dno 30r :v'::!mpt to c,)!ll"n:: :~lpj~)l! h~)!lticide ditto if:' ·i:h act c'ju~e !:~: ::) 1:1',' l'·:~son ~'re<,1('ncy magi!>' irjte c!" :-'~lgis· ':':~ ,:- i: frst r::r ~;:~cj"j c:j~s sou:t c[ !)c s:;ior 311 beil,~ a thug , "-'-'h (b ls-i3 of rll' ';~ii\j'l/f"f a hh'/u'''' ljj:t , cj ]:; ·'t· i, l i c," i ( ,,1/,/1, ii ",/ ii" j '''''\/111 ''l 1"i<jf1l,: lllt; " ;,:, ( ", 1/11,,': ' lin,h, ,~i ~ cm~ing miscarriage })illl', ii rhe \\ 1'111'111 he 4uid with l:hild ditto causing miscarriage with-':lut woman's conlient vitto deat h caul'cd b,' an act donr with intent (() cause miscarriage, dillo i fact dllllc without ,,'omen \ consent villc', :\ct done with intent to pre-"c!'n! a child heing born lilive or to cause it to die after its birth, ditl(·, causing death of ii quid: unborn child h'\" an act tmounting to - culpahlr hnlllicide b;pllsure of a child under j 2 years of age by parenf "t per~on having care of it with intention of \\'hl'li" abandoning it, ' court of se~slon, presidency magi~­trite ot magj~­trate of the first class, concealment of hirth 1'>, secret disrosal of dead r"dy, court of session presidejh:y magi~~ trate or magi~rratc of the fil-t dil'~, ::; \''iuntanl" ::au~intr hurl ,'~4 \','lumarily cau:;ing hurt r· danl!rrou~ weap"n! "( mo:an~, court i st'~:i"r, pres/lit'lll:\ maj:"-i ralr (if -j\"all:l~­ll'stc iii ihe hr~1 iir !>l'~l'lid ds~~, dill\! ,~c \'"llllliaril~ ,'iiulolii!: i!rlc-" li~ hurl 3:l6 voluntarih csuhlll1 grit'-\'uus hurl by dangerou< weapon i lit means, court 01 ~e~~lon, pref;idency magi' trate or malrislrlltc uf the tint clan ---- --- --u7 v,luntarily ":oluslilg hurl ttl t'''ll'rt pr"pet ,': "i , vtiluable ~e":ul"il \, ui" (i' | {:"urt | of ||-----------------|-------|| ~essi(ln, | || !'rc'sidc'nc\· | || magi~­ | || (rate | || or' | mali || trltc' | || (\1' | || the | fir || t | || :iah | |c\ln~rraijl to in iltl qhing wllt:h j, itkba1 ,'r wlti,!, ma\' faciit[<lte (he ';"illmis'~k)n uf an "tft'lk't' ~l'; \lllljlli~lering ,tupc:lying drug with lll:~nt ii' ~'iiusc' hurt, c'tc, | ,""iu | ntarih' ||------------|-------------|| ciluslflg | || grie- | || vous | || hurt | || h' | 1:)';lill'l || pn'- | || perty | or || valuabhl | || ~ecurity | || or | || to | || com | || train | || to | || do | anything || which | || i~ | || i\legal, | || or | || whi:h | || may faci- | || litate | || the | commission || lin | olfc'nce |v,)lunrarih :au;ing hurl i,) t'letort ":lti\fe,~i,)n l'r mfl~r­i11litioll, or c',' cumpcj re~toratilll1 01 prvpert~·, etc, 331 \',lluntarily ::ausing grit'v-\)us hurt to ckton confes-!>ion or information, or to :ompd restoration ',f property, etc se5!i~'fi vulu,\larily \·,tli'll1g rlun h' ,ietel" publi,- '::: ~jilt !f,-'m hi~ duty i're~ljeil":~ magi-lrllte or aia&islrllte of the tirst :jus \'"iuil!,hlj\' cau~lilg gri~­\'\lus hurl 10 ject:'r publi: 'it:'rvam ft011l ill' dut\· voludllirily cau~ill8 hlh'1 l'n gravc' ilnj sudden i'rpvocali\>il, noi inrenjmll til hurt an v other than the person who gave the: rr,'" vocation, -----------------_ --, _-----__---5 6 7 8 court of session, !35 en,in\:: ! ri~\'ll~;~ h:-r 0n :-1 ~; j ,,)~l,!l , ! r~ "~;",, nut inkih': ing l<' i:t:n n\' c't!~;r [1::1:1 [i1\: r~:;-",~:'! -\':~:\:1 t;:rrc lhe pr~sidcney magistratt or milgistrate of the first or second class j prg\'l);~uun ~ '\n:-~1agistrnte~ -jj(' 1) "':r~b any j\:t \l:~!!~h end:l:1"~r, li:i01:1n life or (he pi:r::',\;1:1 saf:ty of olhers 3 37 c~<1 ,i:1~ h'jrt by an a:t w:1i::! enj~~gers human lif-:, de &i | | presidency | m3gis- ||---------------|---------------|----------|| ,trate | or | magis- || trate | of | the || fiut | | || of | | || second class | | |ns c:1'"ir:~ grievous pllrt by 3z1 act wllich endanj!el s hu;:lin lifc; etc ii any magistrate - f: :{t" lo:fluy r~hrlining lny p::rson ~ 3 p \'vrv:l;f:llly cunfining ,w', person ~ presidency magistrate or magis- ! trate of the first or second class 343 wrongful confining three or more days, for -presidency magistrate or magistrate of the tirst or sc~ond class wrongfully confinina for 10 or more day • court of session, l'residency magistrare or magistrate of the tirst or $econd class k~~?::l-:: lny p:!rson ii· ·''r'l:1~~i:jl confi:l:mcnt, i,;;' i-:lt: dllt a wclt h!) hc:il i;;!>ucj for hi!; jiberj-court of session presidency bu-gistrate or mj-gittrate of the first or aecond clas~ ~:j:l, t ditto !4" \'vr,"ll~:!'uj ~0ullnc:mem ifi !>l:l:rd ----------------------------------------------------------------------347 wrongful confinement h,r the purpose oi extorting property, or constraining to an illegal act, etc court of session, presidency magistrate or magistrate of the first or second class cc''lrt (if session, pre,idency magimate (lr magistrate of the first cla-- 348 wrongful confinement fm the purpose ul extuning ;:unfession ljr infllrmation, or 01 cumpelling restoration of property, elc of criminal force a'" ,·l'<2u/rany magistrate 352 assault or use of criminal force otherwise than on grave provocation 353 assault or use of criminal force (0 deter a public sen'ant from discharge 01 his duty , presidency magistrate or magiatrat e of the first or second dass ditto 354 assault or use of criminal force to a woman with intent to outrage her modesty presidency magistrate or magistrate of the first or second class assault or cridlinal force with intent to dishonour a person, otherwise than on grave and sudden provocation any maeistrate 3s6 assault or criminal force in attempt to commit tbeft or property worn or carried by a persun ditto 357 a~sauh llr usc uf criminal force in ,mempt wrongfully to confine a person ditto assault or use of criminal force on grave and sudjen provocation 163 kidnapping court of session, preaidency magiatrate or magistrate of the fint class --- -------~------------- ---- 8 ------------------------------------ --cllurl of session presidency magis~ trate, or magistrate (,f the first clau ~153:\ kidnapping or iip!alllll'~ the custody of a minn in mder that such minor m:ly be employed lh' useg fqr purposes of begging court of" session \taiming a minor in urder that '1uch minor rna\' be cmpl"yed or used il'l purposes of begging c,urt of session 36~ kidn:lpping or abducting in order to murder 36~ kidnapping or ilbductin: with intent secret 1\' anj wrongfully to confint" ji pers(ln court of seslion, presidency magistrate or maps-irate of the first :lass cuurt of sessiun 3()f) kidnilpping or abducting ii woman to compel her mar· riage or to cause her jetllement, etc ditto pjitro ~ 6ti b i mportatioll of girl fr" m foreign country court uf session' kidnapping or abducting in order tt> subject a person to grievous hurt, slavery, etc gjilcealing \ir keeplllg iii ;onfinemem a kidnapped ~'erson court of session 1 pre!'idency magip-trail" or mali~­i rate of the fint das~ ditro kidnapping or abdul:tin : "chilj with intent ic' tah propeny from the i't'r~ln , f such child cuu rl of se!isiun huying ,'r disposing of am per~l'n as a ~iave ditto llal--itual dealing in ~ia\'t·~ 372 selling or letting to hire i minor for purposes of prostitution etc court of sellsion presidency magistrate or magistrate ot the tint ciall --------------, --------------------~~~ huyinl{ or obtllining pos~c!'osion ,'f ii minor for (he' saml' purp0ge5 l:,iurl 1i1 session' presidency mqis-[r;ilc ,if magistrbte of the first class :\ n ~ magistrate 374 unlawful lahour cclurt (if session chief presidency-magistrate or district magistrate 376 rape if the sexual intercourse was b\' a man with his own wife not being under 12 years of age court uf session i f the sexaul intercourse wall bv a man with his own wife being under i2 yean of age til any other case ditto 3"''' {!lilldtural offenc;c~ courr nf session, presloenl,;y magistrate or malistrate of the first class chapter xvji-onencfs ii'st i'jlcli'ur'\' of theft\ny magilltrate theft ditto'" 3i'o the-fr in a huilding, tent or \·c5sci the-ii hv derk or servant of prlli'l'ri \' 10 pnssession or :1li'-!n (lr emrloyer court ,)f session pre;,idency magi~­rrare or magi~­trate or thefirlit ur ~econd class (','uri ,·f session, rresidency mligi~­'riltec'r magi\-lrate of thl: tint clil~~ rllef! i'rcparation ha,ing rt'rn madefor causing ,leal h ,r hurl, or restraint, nr fear of death ,'r tlf h 1i rr, or of restraint 10 0rder to the committinj[ 1)1' such then or to retirinft after c(jmmitling it "r to' retaining propert); taken h~' it | | 384 | b"xtorrion ||----------------------|---------------|--------------------|| court | of | session, || presidency magis- | | || trate | | || or | magis- | || trate | of | the || or | second class | || ditto | | || 385 | | || putting | | || or | | || attempllng | | || ((1 | | || rut | | || in fear | of | injury || to commit extortion | | || court | of | session || 386 | | || extortion | by | putting || a | | || per- | | || son | in | fear || vous | | || hurt | | || ditto | | || 387 | | || putting | or | attempting || a person | in | fear || or | grievous | hurt || to | commit | extortion || ditto | | || 388 | | || extortion | by | threat || ac~u­ | | || sation | of | an || punishable | | || with | death, | || imprisonment | for life | or || imprisonment | for | || 10 | | || yean | | || ditto | | || if | the | offence threatened || he | | || an | unnatural | offence || ditto | | || 389 | | || putting | a person | in || of | | || accusation | of | offence || punishable | | || with | death, | || imprisonment | for | life, || or | | || with | | || imprisonment | for | || 10 | | || years, | in | order || mit | extortion | || dltro | | || if | | || the offence | | || be | | || an | un- | || natural offence | | |~,'l= robberv | c")urt | of ||--------------------|------------|| session, | || presidency magi!;· | || trate | || or | magis- || trate | || of | the first || cla!s | || ditto | || if | co:nmitted || way between | || !;unlle! | and || sunrise | || ditto | || 393 | || ~ttempt | || to commit robbery | |~9~ - p"'f,"n \' ~i\lntarily causing h'lrt in committirg or arle notbg to co:n mil court (if ses~i"'n, pres den:y m:lgistr 're or m, ,istrate of the fir&t clas~, r"b~)e~'" or any other per· ,(in j ';,rlv concerned in ~u::h rohhery, court of session diuc' 396 murder in dacoity ditto ,~ 397 r""'b-'1' or dacoity, with a'"tnrnnt to cause death or grievous hurt coun of session 39s a"-mof to corn""ir rohhery or d:-c":'v wh,n armed with dead"!y weapon ditto 399 "h~inll or~narati(ln fc' pmmit dacoity, ditto, 100 r'lo,<ri'l1!; to '\ ~1nll of par so'l ~ $is~0c;"t~ri f0r the p'irf\o~" of ",itually committing dacoity, <ii court of s t'~!lion~oi b'h'';'1!; to a w1"rf"rinr it',g ofo·"~o", 'l~'iociated fo" t;e 0'\"000;" of hllbit:ully cjnnining theft!>, pre~idt'nc~ mlgi-trate or m allistrate of the fint cllss court of session 4::>2 b~i"ll "ne of fiv~ ot' more r·~or:5 as~"mt-kr' fot 'he pu-1"'0se (if committir,l! dacoi(v" of criminal misaffrcf"c' , rf th i(""any magistrate 40) d;"honest misnpprnpnai 'n ('if 'twvcable proper''-", ,)t c, 'm'erting it to onc'~ '>wn u-c r court of ~ "~iion 404 d', honl ,t misappt()t'riation of r"operty i nowing thnt it was in po~sn­-i"n of:l deceased penon | | prtsj<'nc~" | mr~is ||---------------|----------------|------------|| trait | or | mrgi5lrte || of | [he | first || second clasa | | |;<[ his de,lih, and (hat i! has not since been in thr ~"'j,,,e~~ion of any person '''gally entitled to it ditto if by clerk 01' penon employed bv dec("a5td -'------ -~---14;5 (l) ls-14 406 criminal breach of trusl ! court of ~e~~lon, presic!ency mrgistrate or l\12lzi s -trate of the firs i or second class cn·rt c'f fc~!;(n, 407 crimij'p1 hr""ch of truh t, - carrier whalfinger, etc' ptt'~k'(rcv l\t-fistrate or ma-~istrate of the first class 408 criminal breech of trust by a clerk or servant court of srss;on, presidency magistrate or magistrate of the first or second class 409 cr:m:rrl i-rel'ch ofttu~t h public servmt or by 1-in k~r, merchant or allent etc enl'rt nf ~esc:("n prcf'dcrcy liagist rate or ma-/tistrate of the first class oj the reui'l'ing of st""·,, property4u dishonestly receiving stolen property, knowing it to be stolen court of srs~i('r i presidency ma,istrate or mar-istrate of the first or second class r:ourt of sc~~i"t1 412 dishcnestly rccr'ivinlz st0)en prorerty, knowin/z that it was obtainrd h\' dacoity, ,u~ haritually dealing in ~lok!­prorerty 414 a~~istinlz in concealment "r disposal of slolen property, kno",inll it fn hp !!folen en'lrt of se!~inn, presidency mallistrate or ma~is· trate of the fir~: or !lccond c1as~ 01 cmatirrj" cbeatinjt prc~f1enc\' ma,ns· trate or ma~s­trate of the firs! or second clas! c~l':j l:l\! j p(hllll \\ho~l interest the offender was bound, either by law or 11\ legal con tra:t, to' pro'cci, -court of session, presidency magistrate ,01' ma· gistrate of (he first or second cla;s cheating by person arion, court of session presidency magistrate or maslstrate of the first or second class ~20 cheating and thereby dishonestly inducing delivery of property or the mlklng, aitt'ration or destruction of a valuabie' security court of se!lsion presidency magistrate or magistrate of the first clas~ of prau:iulmt deejs ani di!fjoriti01l of properry| frauduknt | remo\'al | or ||-------------------|-------------|-----------|| c,)ne:alm~nt | | || of | property, | || etc | | || tv | | || nc'\'-:nt | distrihu- | || tion | | || among | | || creditors | | || ma- | | || or | | || ml- | | || of | the | || see,)nd | | || presidency | | || gistra:e | | || gistrate | | || fint | or | || class | | || presidenc\' | m agis- | || irate | 'or | m || agis- | | || trate | | || of | | || the | | || first | | || or | | || second | | || class | | || -122 | | || fia'jdul:nny | preventing | || from | | || being | | || made | | || available | | || for | his | creditors || a debt | | || or | | || demand | | || due | | || to the | | || offen- | | || der | | || ditto | | || 423 | | || fra'jdulent | execution | of || dt'cd | of | transfer || ing a | | || fji~e | | || slatement | | || of | | || consideration | | || ditto | | || 424 | | || frauduk;\i | | || rc:movai | | || or | | || cui1c,-llill,:'l | | || ,\f | | || property, | | || oi | | || 1'1111"_11 | | || _'! | | || jily | | || uther | | || persllll, | | || llf | | || "'i"ilg | in | lhe || duillg | | || lll(r(ol | or | || di~­ | | |hllnc~ly rd~j;lng any dc:m"lll1 or clum lu which he 1li enmll:d oj mischitf'~2() mischiel 427 mischief, and thereby cau~­ing damage to the amount of ,50 rupees or upwards presidency ~ magistrate of m~-ai;trate of the hrst or sec:old class 428 mischief by killing, poisoning, malmlrg or el,dering uselciis any animal of the vuue of 10 rupc:~11 or upwans~ presidency magistrate or magistrate of the firit or socond class ' ourl of scsllion' pfesidency magiscolle oc ma-~isrjlle of the tirst or second cloiss 429 mischief by killing, poisoning, mauthng or rendering uscil:llis tiny elepllolnt, c41nd, nocse, cic" whll-chr may be lis vuue, or al y ultlcr lilllmw 01 lhe \i&iuc 01 so r",pc:cs o up-wi&ills ditto 430 mischief by causing di-i01n"'10n of supply of wotll:r foc agcl~uijrt&l purposes~ cte ditto 43 i \-l:sc!uef by injury to public r", l, 01"1'1: u"yl~muie ny,a ('i' u y1koib'~ " l-hcl, olio:! u:1 ~ lig it l"lv"~:>glk ul 1 :>10 sale 11j1 \·~umg "r couveylug 1)ljt~1l)· ditto 432 :,1ischie1 by cjusing inun-w,&1jl j - ,)jju"'~"hjn [0 pijii~ r~l g;, dlicj1"ed ',' hj "''''d,,~\ mischief by dcstroying or 433 lih)~·"'~ u r':,i cjlg les~ u,;lul" li"'h- ul1~~ ur s":"-"'''''-, \j, \jy cxubilldf fhc u •• lls 4h \i'':li:f by j!troying or 11,) {,i" :c, 01 l"i,j-,luk 11,(:1 "'i y juc ""ulully· )1 tnc --------------------- -------3 4 5 6 7 c~)un l)! sessiou, pn:siuf"nc,-msgl)li<lic or £\118-~islraic of the ~tir~i da$~_ -------------------------------------------------------------435 mi>chiel by fire or explo-:>l\'': ~i,hl n:~ whn l ~ l1l to cii i! uchn gt: to an"}ill of 100 rupees of upwifus, 01", 10 !,;m"e of a6,cu - uai pou,"e, 10 rlj'pt:t:s of upw<lfi&8 lllun ,of )cssion -bo mischief by fire or expjo-slve "idstance with intent to destroy 8 house, etc ditto ~3 7 mischief with intentto destroy or make unsafe r de:jted ve se1 or 8 vessel of 20 tons burden 43s fat: mischief described in [1~ the ';!':lon wlen commeeed oy tiee or <lny explusive substance dllw 434 hwloing' :s~d ashore with li11elll [0 comma theft etc -t4:j m:s-;:!lid committed after p'':p1rdlion made for c~;j;lng teath, or hurt, etc court of session presiden-=l magistrateor m ,gl:hralc! of the first elasr of crimiru~1 1'respanh~ c;iminaj trespas~ any ~ 19istrate_ dino -~ i" h ,·l~(·tn:~i';j~' in order te court of sessiod ~!1~ ~~\n~l1l:--'il~il 01 an ull" ;'_!~i'~l'lhlt: with ,!cain ditto 1>(' hj:j,~-trc,p;j" iii order hi :\': ,;,) 111i1>~lon of an of :l'-:c p j,mlljblc with ln,j:i:iuomc:nt lor life any maeisuilit' 451 hoase-uespass in ordc:r to me commission of an offence punishable with mprisonment _ _--- -----__ --- -- - -----3 ( -------------------- - ---- - ----- ---("'url of ~l'~sion' if the offence is theft l'rc~ idcncy magistrate or magisrrate of the first ,'r ~econd class ditto h yue-trespass, ha\'ins mjje preparation for c1j"ing hurt, assault etc lrking ho j,e-trespass or ho ue-breaking presidency maaistrate or magistrate of the first or second class c,'uri of sellosion presidercy ml gistrate (1f maglstratc of the first or second class lurking house-trespass or h-lue-breaking in orderto the connisslon of an oif!nce pjnishable with imprisonncnt di[[o if the qlfence is theft c"urt of scf>sion l)ic~i':t ncy maglslra~e or " agis,ra~e pi the fil~( class 55 lurking ho'lse-trespa~~ iii ;}lj;!-oreaking after prepjiacion maue for causing hurt assault, etc | cu'jrt | of | scssion ||-------------------|-------------------|-------------|| ~,6 | | || lurking | house-trespass or | || n>\h'::-breaking | | || by | | || night | | || rre~ | | || idtncy l\_agis- | | || [nlle | | || or | "abis- | || trale | of | the || or sc(oro | cla!>s | || ditto | | | 5 -;' lurking house-trespass or nl j;;-oreotkmg by hight in o:j!{ (0 [,i! c)ll ,{lission or jl ''>if: 1';'; p jilsnclble w itn inal-jsolinc:nt if the offl!qce is theft ditto ( 'urt of sessloll ~1'r:·ii:!l':y migi>-lrcll~ j( v1j~b e 01 {f,c irsl dll~s court of session lurkmg house-tre~pass ui llj,b:->rej"il" oy nighl, after prepllcauun made for eabulg llllrl, etc - lirievous hurt caused whilst commltuilg lllrimg housetrelipilss or nollse-urelljung court of ;:,essi:)j death or grievous hurt cili&scd by olle of sevcrill p:rsuls 1 )i,uli c>l::md 11l nl!,;;:->,:&o16 by jtiahl clc 2 3 4 s 6 7 8 ~6j dis \lo"le ;th' hr::lkin ~ up:!n 'r unfastenilll: any ci )sed rt:cert;::c[;: containing or supposed to contain pr~lii:n:y m histrite or ma1istrate of the first c'r second cbsll rr~'rert\-bemg entrusted with any c1oed receptacle containing ('ir ~urrcscd to contain any rororerty, and fraudulently 0rening the same, co'lrt of se'l,i :m presidency m l~is­trate or m l<:i:;-trate of the fi'sl or second class chapter xviii-offences relating to documents and to property marksforgen-| co'lrt | of ||-------------|-------|| pr:sij::t:y | m || qis | || trate | || or | m || 1 | || "tist | || trite | || of | || the first | || cllss | |cj'1rt of session forgery of a record of a court llf justice or of a register of births, etc, kert by a public servant ditto f _-r ~~n ,~f 'i \'ai'j 1~1: securit': will ('r authority to make or transfer an,' \-ai181:-1: security, or to r:cci\'e any mllocy, etc diu:>, when the \abable se:urity is a promissory note of the central g(lwrnment, forgery for the purpose of l'heatin~, court fif se~~do/\, presidency mlgistrate or ma~:s­true of the first clda ditto forge!)' in ~he purt''\~e of harnllnf! ::~~ r"f-'::l:l::m ,,\f an'-!,,~, ':~, ,'~ ; :'_,",qnjz (hal 1-' l, l~~!', :,-, :-~ -,;,:1 fn llat ?l:rrl'~e 4'71 u~ing a~ g:enum<! a :'~!:;::d djcument whi:h ~ ic,:-wi1 to be forged, sa1de court u tha t by which the forgery is triable caart 01 sasionwhen the forged doa:~~nt is a promi~sory no~e :-:- :he central go\'ernmer: _ _ _ _ _ _ _ _ " -_ _ _ 0" _ _ _ -------------------------------------------| ('ourl | of ||------------------------------|---------------------|| se!ld;'/i | || t':'2 | || makin~ | || or | || counterfeitin~ | || a seal, plate, | etc, || intent to commit a | || forger~ | || punishable | under || 467 | || of | the || code, | || or | possessing with || like intent any such | || ~eal | || rlate, | etc, knowing || same to | || bc | countcrfeit || oitto | || 473 | || makinll | or || seal, r late etc | || • | with intent || to commit a fol'jcry ('un- | || ishal-ie | otherwise || than | || under | section 467 || ir'ldian | || per'l81 | code, || sessing with like | intent || any | || such seal, | rlate, || kno\\inp' | || the | same || counterfeit | || ditto | || ~7l | || having | possession || a | || document, knowing it | || to | || bc | || forged | • || us~ | || it as genuine ; | if || the | || document | is || description | mentioned || in section | || 466 | || of | the || indian penal code | || ditto | || if | the document is one || description mentioned in | || section | || 467 | || of | the || penal code | || ~"~ | || counterfeiting a device | || or | || mark | used for authenti- || cating | documents || cribed | in section || 467 | || of | || the | indian penal code || or possessing | counterfeir || marked material | || t)lfto | || j | || ~ | || counterfeiting a devise | || or | || rr8rk used for authenticat- | || ing documents | || other | thar || those described | || in | section || 467 | || of | the || code | || or | rossessing coun· || rerfeit | marked || dlttn | || $77 | || fraudulently deltroying | or || dafadna, | or || to | || destroy | or || ing | || a | || will, | || etc | |-----_--- --- ------------+ ~~:\ fabificatipn of accounts court of session presidencv magi trate or' magis trate of the first class ~ ~ ~ t-,;jng a false property mark with intent to dect'ive or injure am' person presid~nc\' magiatrate or' maliatrate of the tint or second club ditto ~"3 counterfeiting a propert)' mark used by another, with intent to cause dama!<<'orinjury court of seaaion presidency ma-itistrate or magistrate of the tir~t class glullterfeiting a property mlrk used by a puhlic set-v:lnr, or an\" mllrk used h,· him tl' ,kllnt' tht· m~nu'­facture quality, ete, <if :1l1 \' pro pert \' ditto h,1l1ciuklllh' making "t ii,wing p,)ssession of any ,i it', plate or other instrum",n t for c<)unterfeiting any puhlic ,lr private pt\'-p<'tty mark k'h)wingly ~elling goods 'turkej with a counrerfeit property mark presidency magistrate or magistrate of the first or second class court of session presidenc" magistrate or magistrate of the fint ,lr secunj dass frau,luklllly makij1~ a fabe lll1rk upnn any package (lr r:;q'ta-:ie containillg >!,hds, with intent tocau~c i: (,) b: hdie"ed that it ,·"l1!"lilb g<)(),ls which it 1,,", ::,', _":haln, ,·te ditto \i!k::,;: lh<: ,'1' any such fd,e ;11lel-; i\l"!~"\ ii:g j~'ll 0\\ iilg ilr ,kltcin~ any rr,'perty 'lllrk with intent to cauq' injun' l'residencv magistrate lir magistrate of thl' fir~t llr second da~, 489-\ counterfeiting ('uti ~'i :,', notes or bank-n(ltc~ 1479 (b) ls 15 | : | ||---------------------|-------|| l'''l~::':'' | || l | || t!1"tlllltlt | || :''1~~'-',,1 | ~; || counterfeit | || curn'ih:\'-lli)te~ | || ,'r | || "ank-nllt('~ | || | || -t,qc | || pp~~e~~ion | || \,1' | || tllrged | || iir | || ditto | || l·,~unte"rkit | || curn'nc\,-il(l!(" | || 'r | || han | || k-n'rl·~ | || ditll | • || -i'i:jd | || making | || "i | || p | || ss~~~illg | || ill'- | || truments | || or | || material | for || forging | || or | || counterfeitinll | || currei1c\--l1(ill'~ | || l'r | bank- || thlt," | | ch:\phh xjx-crt~ti~u hrf-\ch of c'~nh·i!> llj-- ser\'jcrl'residenc\' magistrate or ms-~j!ltrste of the fint llr !lecond das!, -iqo being bllulld b\ l·pll ;!d '" render personal sen-ie" during a \'oyil~c \lr journe\ (lr to conn'\" nr gu:lrd an~ ,'r 'i'crl\' pi' t'l'r~(1n :md \-"lumaril\ l:ol11miuinj; !o do ~p j'-ll lking l'l1~ulhll(_, ,hlend (n (lr dirw ,u~'l'ly thl' willlh ofa per-~l'n ,,-ho i~ hdpless fmlll youth umoundne~s (if inind or dist' ~e, and ""luntaril" l,,mmittinj,! to do 50 diull 492 heing bound by contract to render personal service for a certain period at a distant place to which the employee i, cl1llveyed at the expense: llf the emple-yer, and \'olunrarihdcsl'rtin~ th:: servi':l' "i i",'fll,illl: i re:rf\~rtll the ilh\ _;": \ lliall i,,· ,i::cir cau,in~ a wilman not lawfull\' married t" him ttl hclievc: rhat ~hc is hlwfullv marri-,'j iii him and lo·cl1ha~i' with him in ,hat hclit'f l,'lill •• , ~e:~~hn ('rc,ijcllc,' ma-14t \larn ill)! i!:alll turin!: 11(: life riml' ,1' a hu,hand o! wit:: , ~1'lraic ,;r magistrate \,1 the fir,1 dill;l< cnlrt of session | same | otlcn:c:: | with con:cal· ||----------------------------|---------------|-------------------|| m~nt | | || l't | | || !h | | ' || f,'rm,'r | | || mal- | | || riage from the person with | | || whom subsequent | | || marri- | | || age is contracted | | |a person with frauduknl intention going through· the c~remony of being married, knowing that he is not thereby lawfuuy married c,url llf session adultery i 497pr,,~id:ncy magiqrate or ma-\!istrate of the hrst class enticing or taking away l'r detaining with a criminal ill[ent a married woman, presidency magistrate or magistratc of the first or !\econd ,):1'" chapti!r xx1-nh\\\ thl~courl l,r ses~ion 500 to) defamation (other than defamation by spoken words) against the president or the vice-president or the governor of a state or a minister or any other public servant employed in connection with the affairs of the unionorofa state in respect of his conduct in the ji~:hargc: ufhis publi~' tunctions, when instituted upon a complaint made by the l'ublic prn~ecu­(,ir, tb) ljdamath'"ln an(l'lh :as\: c,lurt of ~c:s~illll presiden ~ magistrate or magistrate of the fir~1 da~<, ~(j 1 (,<l) printm" clr c'ngra\'ing matter knowing it to be ddamatory against the president or the vice-president or the govcrnor -----------of i slate or i minister or any other public eer-vult employecl id cod-dectiod with the afi'ain of the union or of i s, in respect of his ~uc:t id the cliac:barae m bit public func:doda when idatituted upon i complaint made by the public proaecutor court of sesion, praidedc)' -mi-gistrate or ms-idstrate of the 4rat clus (b)~ or cdll'lvina it to be ~ in any other •• court of session (a) sale of printed or en-~lubstaoce containida iselunatory matter ~ it to contain such matter inst the president or the vice-prelident or the governor of i state or a milulter or any other public servant employed ld connec:don with the ifi'iin of 'the union or of a state in respect of his c:oaduc:t id thc~ of hia public ~ wben fnstitoted upon i complaint made by the public: pro-iecutor court of session, presidency magistrate or magistrate of the lint clul (b) sale of printed or en-ji'ilved substance contain-1di defamatory matter kdowida it to codwn luch matter in any other case chapter xxii-crlmtnal intimidation, insult afo,'d annoyanciiany magi"ratc s04 insult intended to provoke i breach of the peace presidency maptrare or maptrate of the lin! clus !!o!! pjae statement rumour, etc •• c:iraljatcd with intent to clu8c mutilly or offence wpiiiit the public peace 506 criminii intimidation praidcdcy ma-ptnic or me- te of the fint or iiccodd dali if threat be to cr!~e death or pievoua bun, etc court of session, ptesulency ~a­gistrate or ~a­gi~matc of the first class ditto 507 criminal intimidation by idod}'iddui eommunica-_ or -vilaa taken precaution to c:onc:eal whence the threat comes presidencv ~-puate'or ~­trate of the first or iciciond class sos act""" by inducing a penoo to believe that he will be fti1dered an object of divine displeasure ~d~ ~-~istrate or ~a­gi!lrate of the fint class, utteriu& lily word or malt-~ _pature intended to insult the modesty of a woman, etc any magistrate appeariugin a public place, etc, in a state of intoxication, add causing annoyance toaj penon chapl'brxxiii-attbmpts to commit offbnc&~the court by which the offence attempted is triabk 511 attempq to c:ommit off-) ences puniabable with imprisonment for life or idjpiiiaament, and in such attempt doing any act towards the c:ommission of the offence offences against otlwr lawscllirt of session if punishable with death, imprisooment for life or i, ment for 7 years or upwards if punishable with im-~t fw3 years and upwards but leis than years court of session prcsidcocy ~ agiatnlc or ~­gistrate of the first class if punishable with imprisonment for i year and upwards, but less than 3 yean court of session, presidency ~­gistrate or (see section 36) ordinary powers of state magistratesi-ordinary powers of a magistrate of the third class (1) power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64 (2) power to arrest, or direct the arrest in his presence of, an offender, section 65~ (3) power to en~orse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86 (4) power to issue proclamations in cases judicially before him, section 87 (5) power to attach and sell property and to dispose of claims to attached property in cases judicially before him, section 88 (6) power to restore attached property, section 89 (7) power to require search to be made for letters ed telegrams, section 95 (8) power to issue search-warrant, section 96 (9) power to endorse a search-warrant and order delivery of thing found, section 99 (10) power to command unlawful assembly to disperse, section 127 (11) power to use civil force to disperse unlawful assembly, section 128 (12) power to require military force to be used to disperse unlawful assembly section 130 (14) power to authorise detention not 'being detention in the custody of the police of a person during a police-investigation, section 167 (14) (a) power to postpone issue of process and inquire into case himself, section 202 (15) power to detain an offender found in court, section 351 (17) power to apply to district magistrate to issue commission for examination of witness, section 506 (2) (18) power to recover forfeited bond for appearance before magistrate's court, section 514 and to require fresh security, section 514a (18) (a) power to make order as to custody and disposal of property pending inquiry or trial, section 516a (19) power to make order as to disposal of property section 517 (20) power to sell property of a suspected character, section 525 (21) power to require affidavit in support of application, section 539a (22) power to make local inspection, section 539b i i-ordinary powers of a magistrate of the second class(1) the ordinary powers of a magistrate of the third class (2) power to order the police to investigate an offence in cases in which the magistrate has jurisdietlon to try or commit for trial, section 155 (3) power to postpone issue of process and to inquire into !l case or direct investigation, section 202 iii-ordinary powers of a magistrate of the first ckls$(1) the ordinary powers of a magistrate of the second cl~<:;s (2) power to issue search-warrant otherwise than in course of an inquiry, section 98 (3) power to issue search-warrant for discovery of persons wrongfully confined, section 100 (4) power to require security to keep the peace, section 107 (5) power to require security for good behaviour, section 109 (6) power to discharge sureties, section 126a i, (a) power to make orders as to local nuisances, section 113 (7) power to make orders, etc" in possession cases, section 145, 146 and 147 , : (7a) power to record statements and confessions during a police-investigation, section 164 (7aa) power to authorise detention of a person in the custody of the police during a police investigation, section 167 (7b) power to hold inquests, section 174 (8) power to commit for trial, section 206 (9) power to stop proceedings when no complainant, section 249j (94) power to tender pardon to accomplice during inquiry into case by himself, section 337 -(10) power to make orders of maintenance, sections 488 and 489 (11) power to take evidence on commission, section 503 (12) power to recover penalty on forfeited bond, section 514 (12a) power to require fresh security, section 514a (12b) power to reocall case made over by him to another magistrate, section 528 (4) (13) power to make order as to first offenders, section 652 (14) power to order released convicts to notify residence, seetlon 565 i lv-ordinary powers of a sub-divisional magi6trat! appointed under rection 13 (1) the ordinary powers of a magistrate of the ftrst class (2) power to direct warrants to landholders, section 78 (3) power to require security for good -behaviour, section 110 (5) power to make orden prohibiting repetitions of nuisances, section 143) - (6) power to make orden; under section 144 (7) power to depute subordinate magistrate to make local inquiry section 148 (8) power to order police-investigation into cognizable cale, section 156) , (9) power to receive report of police-officer and pass order, section 173j (11) power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186 (12) pow~r to entertain complaints section 190 (13) power to receive police-reports, section 190 (14) power to entertain cases without complaint, section 190 (15) power to transfer cases to a subordinate magistrate, section 192 (16) power to pass sentence on proceedings recorded by a subordinate magistrate, section 349 (17) power to forward rec,ord of inferior court to district magistrate section 435 (2) ~ (18) power to sell pro~iy alleged or suspected to have been stolen, etc, section 524 (19) power to withdraw cases other than appeals, and to try or refer them for trial, section 528 v-ordinary pofjjets oj a district magistrate (i) tile ordinary powers of a sub-divisional magistrjtc (ia) power to try juvenilo: offenders, s:ction 29b (2) power to require delivery cf letters, telegrams, etc, section 95 (3) power to issue s':arch-warrants for documents in custody of pfrstal or telegraph authorities, section 96-(4) ~ower to require s'"curity for good behaviour in case of sedition, aection los es) power to discharge pers'>ns bq~d to keep the peace or to be of good behaviour, section 124 " (6) power to cancel bond for keeping the peace, 8!ction 125 (68) power to order preliminary investigation by police-offieer not below the rank of inspector in certain c9&es, section 196b (7) power to try summarily, section 260 (7a) power to tender pardon to accomplice at 11y stag! uf a cas:, s:ction 337 (8) power to quash conviction in certain case, section 350 (9) power hear appeals from orders requiring security filr keping the peace or good behaviour, section ;06 (98) power to h!81" appeals from orders of magistrjtes refusing to accept or rej:cting sureties, section 406a (10) p~ to hear or refer appeals f-om oo:1victions by "lag~at~8 oj the iecond and third claise, section 407 (n) power to call for recorda, section 435 -------(12) power to order inquiry into com!llaint dismissed or case of ~ccused discharged section 436 (13) po\9cr t·) order commitment, section 437 (t 4) power to report case to high court, section 438 (17) power to appoint per;on to be public proiccutor in particular cus~ section 492(2) (r8) power w hue commission for examination llf wit1css !oectiors 50? 506 (19) power to hear appeals from or revise orders passed under s"!ctions 514,515, (20) power to compel restoration of abducted female, section 552 allllltlonal powfrs with which state magistrates may be 1,,'vestfn(i) power to require security for good behavaour in c:ue of sedition aection 108 : :2) power lo require ecuri~ for good behaviour, set:-tion ii: ~4) power to make orden ~ibitina repetitions ot nuiiailccs, section 143 : ~s) power to make orden under section 144: by thb sun: (7) power to iude process for penon within local jurisdictiod who bas committed ad oft'ed~ quuidc the 1oc:aj jurisdiction, section 186 : gov!rnmb~~ (8) power to take cognizance of offences upon complaint !cerion icjo: (9) p\l\ver 10 lake cogni'&llj\cr of offcnces upon policereports, section 11)0 : ii' power to rn summarih' section 260: appeallo by )coond section !12) power to hear from ~'onvictionlo magktralc'i of the: and third classes 07: of offences without comp-by thb stat[ governm1!nt-corttd ( (13) power h' sell pr'perry aueged or suspected to have been ~tolen etc ~ section 524: (i,) power (0 lry ~se~ under section 1l4a of the indian penal code: \ l hibiting repetitions of nuisances, section 143 : ( (1) power to make orden pn1-(2) power to make order u :lder sectiod 144 : (4) power to take cognizance: of offences upon complaint, section 190 : (5) power to take cognizance of offences upon potier reports, section 190: l (6) power to transfer cases section 192 : ( i (2) power to make orden prohibitidj repetitieds of nuisances, section 143: (3) power to make orden under section 144: l3a) power to record statements and caafenionl during a police-investiption, sectiod 164: (3b) power to azthorlte detention of - penon in the cuatod1 of the ~ dudn& a police inveit1ption, aec:-tion 167: govirnmpnt (4) power to hold inquests, section 174: second class may (05) power to take copizmcc of offence upon com-plaint, section 190: (6) power to like cqpjjpdcc of offencea upoil polio: repons section 190: (7) power to take copizancc of offences without complaint, section 190: (8) power to commit for trial section 206: (9) power to make: order u to firlt offenders section 562 : ( (1) power to make orden prohibiting repetitions of nuisances, section j 43 : '(2) powers to make orden under section 144 (3' power to hold inquests section 174: i of offences upon complaint, section 190 : (i) power to make order~ prohibiting repetitions 01 nuisances, section 143: (s) power to take cognizancl' of ofl'ences upqn policereports, section 190: (3) p~er to hold inquests, upon com-(5) power to take c:osnizancc of offences, upon police-! reports, section 190: (i) power to make orders prohibiting repetitions nuisances, section 143: (3) power to hold section 174 : (4) power to take cogdizan of ofl'ences upon plaint, section 190 : (s) power to take qnizad of offences upon rolic reports, icctloll 190: power to cau for records, s tion 43s a hill [0 provide for the separation of judicial and executive in the union territories of delhi and himachal p (sh minister ij, -

Parliament_bills

d3345922-aa4e-5b67-9489-0722f5196839

bill no 7a· of 19'6 the coal bearing areas (acquisition anl) development) amendmen1' bill, 1966 a •• i } - :" � bill ' � ' - further to ·amend tm coal bearing area (aequilition ancl =dne­ lopment) act, 195'7 bz it enacted by parliament in the seventeenth year of the republic tjf india as follows: - 1 (i) this act may be called the coal bearing areu (acqui­sition and development) amendment act, 1966 short title and commen­cement 5 (2) it shall come into force on such date as the central gov- ernment may, by notification in the official gbz:tte, appoint z in the coal bearing areas (acquisition and development) act, amend- 1957 (hereinafter referred to as the principal act), in section 28,- ment of section 28 ( a) in sub-section (3), for the portion beginning with "in10 respect of such land;" and ending with "or any part thereof", the following shall be and shan be deemed always to have been, substituted, namely:-"in respect of such land or of an~ights in or over such land; and the central government may at any time make a declaration under section 9 of this act in respect of the land 5 or any part thereof or any rights in or over such land or part"; (b) after sub-section (3), the following sub-section shall be, and shall be deemed always to have been, inserted, namely:-"(3a) where in respect of any land covered by any noti- 10 fication issued under seetion of the said act no objection has been preferred under section 5a thereof within the period specified in that dection, then it shan be deemed that a notification had been -issued under section 7 of this act in respect of such land or of any rights in or over such land 15 and that no objection to the acquisition of the land or any rights in or over the land had been preferred under section 8 of this act and accordingly the central government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof or any rights in 2) or over such land or part" validation of certain acquisitions 3 notwithstanding any judgment, decree or order of any court every acquisition of land or the rights in or over land made by the central government in pursuance of the ildtifications of the g:jvernment of india in the late ministry of steel mines and fuel (depart- 25 ment of mines and fuel) nos' so 1759 and so 25, dated the 7th august 1958, and the 22nd ~mber 1959 respectively, made under section 9 of the principal act, mall be, and shall be deemed always to have been, 'as valid as if the provisions of section 28 thereof as amended by this act were in force at all material times when such 30 acquisition was made and shall not be called in question in any court of law 'on the ground onlytbat ·before issuing sucb notiftcations no notification was issued under section 7 of the principal act in relation to the land or rights in or over such land covered by the said notifications nos so 1'159 and so 25 35 before the enactment of the coal bearing areas (acquisition and development) act, 1957 which came into force on the 12th june, 1957, proceedings for acquisition of land for the purpose of prospecting coal seams for the development of collieries to be owned and worked by the central government used to be taken under part ii of the land acquisition act, 1894 while under sub-section ( 1 ) of section 28 of the 1957 act notifications issued under section of the 1894 act are treated as notifications issued under section 4 of the 1957 act, sub-section (3) of the said section 28 provides that any objection preferred under section 5a of the 1894 act shall be deemed to be an objection preferred under section 8 of the 1957 act ani lgh1 be disposed of as if the objection had been made in relation to - notification issued under section 7 of the 1957 act so that the central government might at any tune make a declaration under· section 9 of the 1957 act in respect of the land covered by such notification 2 in the acquisition proceedings in respect of two notifications (no so 1759, dated the 7th august, 1958 and no so 25, dated the 22nd december, 1959) out of the six notifications pending at the commencement of the 1957 act" no objections had been filed under section 5a of the 1894 act in a writ petition before the high court of madhya pradesh wherein the validity of the notification no so 1759, dated the 7th august, 1958 was challen~ the acquisition proceedings were declared illegal by that high court on the ground that the notification issued under section 9 of the 1957 act therein was not preceded by a notification under section 7 of that act giving ~ notice of the intention to acquire the lands concerned while section 28 of that act provides for a case where objections have been filed under section 5a of the 1894 act no provision exists therein to cover a case where no such objection had been filed and, therefore, the provisions of the said section 28 could not save the proceedings from being successfully challenged 3 it is therefore proposed to make suitable amendments in the act-(0) providing that in a case where no objections under section 5a of the 1894 act had been flied, action under section i9 of the 1957 act could be taken as if a notification under aectien 7 of that act had been issued and no objection under section 8 thereof had been preferred; (b) providing for validation of the acquisitions made undethe aforesaid notification nq so 1759, dated the 7th august; 1958 and under a similar notification no so 25, dated the 22n december, 1959, because the national coal deyelopment corp ration limited in which the lands after acquisition, had been vested could not work the lands as a result of the high court decision and the coal production programme of the go~ernmedt w~ seriously hampered • qpportunity has also been taken to make a alight verbal alterltwm·1n sub-section (3) of section 21 to brm, it in line wi'tb"t!le l _ woj;'ding of sections 7 and 9 5 the bill seeks to achieve the above objeeta new delhi; s k df!iy the 19th october, 1905 annexure extract nom thk coal bkaring auas (acq11lsition alfd dzvlllop- mdt) ac:r, 1957(20 or 1957) - - -_-- - 28 (1) - - - - - nowlcationa (3) any objection preferred under section 5a of the said act under in respect of any land covered by any notification issued under act if of section 4 of the said act shall be deemed to be an objection pre- ~::h:ro­ferred under section 8 of this act to the relevant comp~tent autho- ceedings rily arid may be disposed of by him as if the objection had been are pendmade in relation to a notification issued under section 7 of this act ing to be in respect of such land; and the central government may at any treatedt1 ·as no -time make a declaration under sectiob -8-af this act in respect of the ficatiodi land or any part t~ereaf under - - - - - thii act a bill further to amend the coal bearing areas (acquisition and development) act,bill, 1957r j (shri skdevj minister of mines and mj etals)

Parliament_bills

01ab4f4f-798e-562e-bc60-4ebc43af68b4

bill no 26 of 2017 the prohibition of employment as manual scavengers and their rehabilitation (amendment) bill, 2017 by dr udit raj, mp a billfurther to amend the prohibition of employment as manual scavengers and their rehabilitation act, 2013be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—amendment of section 312 in section 31 of the prohibition of employment as manual scavengers and their rehabilitation act, 2013,—(i) in sub-section (1) —(a) in clause (b), for the words ''enquire into complaints'', the words''investigate into complaints" shall be substituted; and5(b) after clause (d), the following clause shall be inserted, namely:—''(e) to impose fine on a person, if found guilty, after investigation under clause (b), of contravening the provisions of this act"(ii) for sub-section (2), the following sub-section (1), the following sub-section shall be substituted, namely:—10''(2) in the discharge of its functions under sub-section (1), the national commission shall have the power to —(a) call for information with respect to any matter specified in that sub-section from any government or local or other authority; and15(b) summon and enforce the attendance of any person from any part of india and examine him on oath" statement of objects and reasonsthe prohibition of employment as manual scavengers and their rehabilitation act, 2013 was enacted to prohibit employment as manual scavengers, rehabilitation of manual scavengers and their families the national commission for safai karamcharis is empowered to monitor and enquire the complaints regarding the contravention of the provisions of this act, but no one has been punished even if accused is found guilty by the commission due to inherent lacuna in the act it is, therefore, necessary that the national commission for safai karamcharis be empowered to summon the accused, investigate into the complaints, and impose fine on the accused, if found guilty on completion of investigation in the matterhence this billnew delhi;udit rajjuly 8, 2016 annexure extract from the prohibition of employment as manual scavengers and their rehabilitation act, 2013(act no 25 of 2013) 31 the national commission for safai karamcharis shall perform the following functions, namely:—(a) to monitor the implementation of this act;function of national commission for safai karamcharis(b) to enquire into complaints regarding contravention of the provisions of this act, and to convey its findings to the concerned authorities with recommendations requiring further action;(c) to advise the central and the state governments for effective implementation of the provisions of this act; and(d) to take suo motu notice of matter relating to non-implementation of this act lok sabha———— a billfurther to amend the prohibition of employment as manual scavengers and their rehabilitation act, 2013————(dr udit raj, mp)gmgipmrnd—4121ls(s3)—15-02-2017

Parliament_bills

a3a746f9-b3df-5ea6-a6f4-3f8b08acf2bb

bill no 100 of 1988 the constitution (sixtieth amendment) bill, 1988 a billfurther to am m d the constitution of indiabe it enacted by parliam ent in the thirty-ninth year of the republic of india as follows: —1 this act may be called the constitution (sixtieth am endm ent) short act, 1988 , title2 in article 276 of the constitution, in clause (2),— amend­ment of(a) for the words ''two hundred and fifty rupees", the words article"two thousand and five hundred rupees" shall be substituted; 276(t») the proviso shall be omitted statement of objects and reasonsclause (2) of article 276 of the c onstitution specifies th at the total am ount payable in respect of any one person to the state or to any one m unicipality, district board, local board or other local authority in a state by way of taxes on professions, trades, callings and em ploym ents leviable by a state legislature under clause (1) of th at article shall not exceed two hundred and fifty ru[)ees per annum the proviso to that clause, however, enables the continuance of the levy of such tax at a rate exceeding two hundred and fifty rupees per annum in any state, m unicipality, etc, if in the financial year im m ediately preceding the com m encem ent of the constitution there was in force in that state, m unicipality, etc, any such tax exceeding th at rate2 some of the state g overnm ents have represented that this ceiling of two hundred and fifty rupees w hich was fixed in 1949, needs to be revised upw ards taking into consideration the price rise and other factors it is also pointed out that the profession tax has, at present, become almost regressive because of the ceiling since even people w ith high salaries have to pay this tax at only the m axim um am ount of two hundred and fifty rupees per annum the upw ard revision of profession tax will also help the state g overnm ents in raising additional resources3 it is accordingly proposed to am end clause (2) of article 276 of the constitution to increase the -ceiling of profession tax from tw o hundred and fifty rupees per annum to two thousand and five hundred rupees per annum as the proviso to this clause is no longer relevant, it is proposed to om it it4- the bill seeks to achieve the above objectsn e w d e l h i;the l(hh august, 1988 b k gadhvl presid en t's recommendation under article 117 of the constitution of india[copy of letter no 46(8)-pf i]86, dated the 13th august, i m from shri b k gadhvi, m inister of state in the d epartm ent of expendit^ire in the m inistry of finance to the secretary-g eneral, lok sabha]the president, having been inform ed of the subject m atter of the proposed bill, further to am end the constitution of india, recom m ends under clause (1) of article 117 of the constitution introduction of the above bill in lok sabhae x tr a c t f r o m thii:( c o n s t it u t io n o f i n d ia276 (1) ♦ ♦ ♦(2) t he total a m o u n t p ayable in respect of any one person to the s tate or to any one m unicipality, district board, local board or other local au th ority in th e state by w ay of taxes on professions, trades, callings taxes on pro­fessions, trades, callings and em ploymentsand em p loym en ts sh all not exceed tw o hundred and fifty rupees per annum :p rovided that if in the financial year im m ediately preceding the com ­m en cem en t o f this c onstitution there w as in force in the case of any s tate or any such m unicipality, board or authority a tax on professions, trades, callin gs or em p loym ents the rate, or the m axim um rate, of w hich exceed ed tw o hundred and fifty rupees per annum , such tax m ay con­tin u e to be lev ied u ntil provision to the contrary is m ade by p arliam ent by law , and any law so m ade by p arliam ent m ay be m a ie eith er gen e­ rally or in relation to any specified states, m unicipalities, boards or authorities a billfurther to am end the constitution of india{shri b k gadhvi, minister of state in the department of expenditure in the m inistry of finance)

Parliament_bills

ab4303ba-434c-51c0-a6e6-d666f56c87bb

financial memorandumclause 4 of the bill seeks to set up a fund for supporting implementation of the fundamental right to work may tvolve monetary contribution, the extent of which would be determined by the state law to be made

Parliament_bills

9983b6c1-4ca1-5640-b108-e0d46b915dc2

co rrigi] ndu l'·f to tis te":' di~'tricts lu1lgrkj-ll' uj30tjr (repe:l) bill, 1967 (';tq _b~j~i?_~i~qd~~ce(li;1 ~ sabhaj, 1 page 2, line 27,-!9_~ "thr(:e years the latter, where period" ret~ "three years, where the latter period" tw<i delhi; siunu2 1 9,2,7 a-s-a-d ha--1, 1889 (saka) blii no if 01 it!' the tea districts emigrant labour (repeal) bill, 1967 a billto prof'ide fotr the repeal of the tea diltrictl emfqrczftt labour act, 1932, and fot matte" coftmcted therewith be it enacted 'by parliament in the eighteenth year of the republic of india as follows:-1 this act may be called the tea di8triets emill'ult labour siaort (repeal) act, 1967 tide s z the tea distrk:ts emigrant labour act, 1932, is hereby r -- of pealed ltd as or ifji 3 notw'itbstanding the repeal of the tea di8trlctb ~ labour act, 1932, by secttoll 2, and notwithetandtnc ldytbm, to the contrary eontatned in the aid ad,-(a) every emigrant labourer in whose case, on the 3rd day of auguat, 1960, a period of three years from the date of his entry into assam had not expired, (b) every emigrant labourer entering asaam on or after tj:ae 3rd day of august, 1960, being the date of the agreement arrived s: at at the ninth session of the industrial committee on plantations, and before the commencement of this act, and (c) every emigrant labourer who is in assam immediately before the commencement of this act and whose right of repatriation has not be<!d waived or forfeited by agreement or 10, otherwise under any provisions of the said act, shall, as from the date of expiry of a period of three years from the date of his entry into assam, whether such expiry occurs before or after the commencement of this act, have the right to be repatriated, and may be repatriated, under the said act, as if it had not been is repealed and the provisions of the said act in so far as they relate to the enforcement of the right of repatriation of emigrant la~s shall continue to apply as if for the references theredn to the controller, references to the state government of assam or 'an officer authorised by that government in this behalf had been substituted: 20' provided that no such emigrant labourer shall have the right to be so repatriated unless he makes an application in this behalf-(a) within a period of six months from the commencement of this act, where the aforesaid period of three years has ex-pired before such commericement, or 25, (b) within a period of six months from the date of expiry of the aforesaid period of t~ee y~s the latter, where period expires after such commencem&\t the tea 'districts emigrant labour act, 1982 regul8tes recruitment of workers for tea gardens in assam from outside the 8tirte and their repatriation experience gadned in the wol'ldng afthe act far the past "few years has shown that it is no lqernecessary to continue in existence the pattern of asisted emigrant labour, for tea gardens in assam, as conditioll8 which justlfted the introductdon df the scheme about thirly years ago, have greatly altered during the intervening period it is, "therefore, propoaed to repeal this act any residual functions after the repeal of the act that may -be left over are proposed to be entrusted to the government ejl assam by making an express provision to that eiffect in the repealing act new delhi; jaisukhlal hath! the 3rd june, 1967 president's recommendation under article 117 of the constitution of india[copy of letter no 6(15)65-pl/fac i, dated the 13th june, 196'1 from shri lalit narayan mishra, minister of state in the ministry of labour, employment & rehabilitation to the secretary, lok sabha] the president, having been informed of the au:bject matter of the proposed bill to provide for the repeal of the tea dwrict8 em1gnmt labour act, 1932, and for matters tormected therewith has, in pursuance of olause (1) of article 117 of the constitution of india recommended the introduction of the bill in the lok sabha the repeal of the tea districts emigrant labour act, 1932, will entail abolition of a cess known as emigrant labour cess leviable under section 5 of that act the cess is payable in respect of the entry into assam of each assisted emigrant as defined in section 2 (f) of that act by the employing linterest on whose behalf he is recruited the proceeds of the cess are credited to a fund called the emigrant labour fund which is utilised for meeting expenditure on the organisation of controller of emigrant labour and for admindstering the act with the repeal of the tea districts emigrant labour act, the organdsation of the controller of emigrant labour will be wound up and so there will be no need for the levy of the emigrant labour 'cess after the repeal of the act, any residual functions that may be left over will be entrusted to the government of assam but this will not entail any expenddture from the consolidated fund of india a bill to provide for the repeal of the tea districts emigrant la1:our act, 1932, and for matters connected tt~erewith (shri jai sukh lai hathi, mirrister of labour & rliuibi1itatitm)

Parliament_bills

a71f8ff7-f900-57db-97e0-79fdaba50677

on 19th december, 2008 bill no lxxix of 2007 the special courts for scheduled castes and scheduled tribes bill, 2007 a billto provide for constitution of special courts for scheduled castes and scheduled tribes in the country and for matters connected therewithbe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the special courts for sc and st act, 2007(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, appointdefinitions2 in this act, unless the context otherwise requires:—(a) 'appropriate government' means in the case of a state, the state government and in all other cases the central government(b) 'offence' means any offence committed against a member of scheduled castes and scheduled tribes(c) 'prescribed' means prescribed by rules made under the act (d) 'scheduled castes' means the castes included in the constitution (scheduled casts) order 1950(e) 'special court' means special court constituted under section 3 of this act (f) 'scheduled tribes' means the tribes included in the constitution (scheduled tribes) order 19503 (1) the appropriate government shall, by notification in the official gazettes, set up adequate number of special courts at district level to deal exclusively with matters arising out of crimes or offences committed against scheduled castes and schedule tribes in the countryestablishment of special courts for scheduled castes & scheduled tribes(2) every special court established under sub-section (1) shall be headed by a chief judge who shall be qualified to be appointed as district judge and shall have such number of other judges as the appropriate government may prescribe keeping in view the scheduled caste and scheduled tribes population in the district4 the qualification and salary, allowances and other terms and conditions of service of the chief judge and other judges shall be such as may be prescribed5 (1) in the event of occurrence of any vacancy in the office of the chief judge by reason of his death, resignation or otherwise, the senior most judge of that court shall discharge his functions until a new chief judge, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officequalification for appointment as chief judge and other judges of special court senior most judge to act as a chief judge or to discharge his functions in certain circumstances(2) when the chief judge is unable to discharge his functions owing to his absence from duty due to any reason, the senior most judge of that special court shall discharge functions of the chief judge until the chief judge resumes his duties6 every chief judge shall exercise such financial and administrative powers as may be vested in him in such manner as may be prescribedfinancial and other powers of the chief judgestaff of the special court7 the appropriate government shall appoint sufficient number of officers and staff to assist the special court in the discharge of its functions on such terms and conditions of service as may be prescribedj u r i s d i c t i o n power and authority of speical courts8 save as otherwise expressly provided in this act, every special court shall exercise all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the concerned high court and the supreme court in relation to all matters offences or atrocities committee, against scheduled castes and scheduled tribes under the indian penal code, 1860 or anyother law for the time being in force in relation to scheduled castes and scheduled tribestransfer of pending cases9 every case or other proceedings relating to scheduled castes and scheduled tribes pending before any other court or any authority shall stand transferred to such special court on the commencement of this act:provided that nothing contained in this section shall apply to a case or other proceedings pending in a high court or the supreme court 10 the appropriate government shall make necessary arrangements for free legal aid to scheduled castes and scheduled tribes for meeting the cost of litigation in special courtfree legal aid to scheduled castes and scheduled tribes11 every case in a special court shall be disposed of as early as possible and in any case not later than one year from the date of filing the case in the courtdisposal of cases by special courtspower 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 reasonsscheduled castes and scheduled tribes still continue to be the oppressed classes of our society they have suffered for centuries although with the institution of the democratic form of government in the country, many steps have been taken to improve their status in the society yet this change is limited only in the urban areas in the rural areas, the position at some places, is still the same as it used to be many years ago they have never received justice from the persons who were at the helm of affairs of their fate in a welfare state like ours it is a bounden duty of the state to ensure that the members of the scheduled castes and scheduled tribes receive speedy justice at their door steps these classes are unable to fight long litigations in the normal courts in view of their financial position they also need free legal aid for meeting the cost of litigation in view of their disadvantageous position in the society, especially at district level in the rural areas, there is an urgent need that a separate and parallel system of justice for scheduled castes and scheduled tribes should be established it is, therefore, proposed that special courts at district level may be established for the scheduled castes and scheduled tribes in the countryhence this billvijay j darda financial memorandumclause 3 of the bill provides that government and union territory administration shall set up sufficient number of special courts to deal exclusively with matters arising out of atrocities committed against scheduled castes and scheduled tribes clause 4 provides for payment of salaries and allowances to the chief judge and other judges clause 7 provides for appointment of officers and staff required for special courts clause 10 provides for free legal aid to scheduled castes and scheduled tribes the expenditure in respect of special courts for union territories shall be met out of the consolidated fund of india it is likely that an amount of rupees one thousand crore will be involved for setting up special courts in union territories per annum a non-recurring expenditure of about rupees two hundred 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 since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character rajya sabha———— a billto provide for constitution of speical courts for scheduled castes and scheduled tribes in the country and for matters connected therewith ————(shri vijay j darda, mp)gmgipmrnd—4735rs(s-5)—29-12-2008

Parliament_bills

6f9418a9-e0cb-58aa-97d8-2777f9836df7

(j gar igbjwt;l''l to tib standards of 1:leighl's alid l~~ures (e)crensiol't to kohii·la and l'ildkokdfiung districts) bi1l, 1967 (to was introd;uqed in lok_sab@j 1 - page 2 1 ines 1 s ajld 17,-for "consituation" read -- "cousti tutioll" bill no 93 of 1967 the standards of weights and measures (extension to kohima and mokokchung districts) bill, 1967 a billto extend the standards of weights and m eatur act, 1956, to the kohima and mokokchung districti in the state of nagaland be it enacted by parliament in the eighteenth year of the :republic of india as follows:-1 this act may be called the standards of weights and measures short title tzrtension to kohima and mokokchung district) ad, 1967 ~ 2 the standu"c18 of weight and measures act, 1958, sball, a extension hem the eomd1ellcement of this act, extedd to the kohima and of act 89 liokokclumg distrieta in the state of n agaladd and hall come into ~o~:ato fgl'ce therein on sueh date as the central go9ernment may, 'by dotii and moeattoa in the 0f&dai guette, appoint kokchudg diltrida in nagaland statement of objects and reasonsthe state of nagaland comprises the three districts of tuensang, kohima and mokokchung the standards of weights and measures act, 1956 (89 of 1956), does not apply to the kohima and mokokchung districts because at the time of passing of that act, those districts formed the n aga hills district which was mentioned in part a of the table below paragraph 20 of the sixth schedule to the constitution as no district council had been constituted for the naga hills district, the administration of that district vested in the governor of assam and as under paragraph 19 (1) (a) of that schedule, where the administration of an area is vested in the governor, no act of parliament could apply to that area unless the governor by public notification so directs, the standards of weights and measures act did not apply proprio vigore to the naga hills district that act, however, applies to the tuensang district which is the same as the naga tribal arra originally mentioned in part b of the table below para~~raph 20 of the six,th schedule to the consituation, there being no inhibition as to the applicability of any act of parliament to a part b tribal area 2 the metric system of units of weights and measures established under the standards of weights and measures act, 1956 has already been introduced in the rest of india according to a phased programme and is the o'nly legal system since 1st december, 1966 in the interests of inter-state, inter-district and inter-regional trade, commerce and industry it is considered necessary to extend that act to the districts of kohima and mokokchung in the state of nagaland the government of nagaland have also requested that the act may be extended to those districts the bill seeks to give effect to this object new dl!ll!iji; dine;s1l singh the l~th fum, 1967 president's recommendation under article 117 of the constitution of india[copy of letter no wm-10(8)/66-nagaland, dated the 30th june, 1967 fro~ shri ~ohd shaft qurespi, ~puw minib~~ m t~ mjnis\ry of commerce to the secretary, lok s4lbhll] - - -- i the presi4ent, hav~1l8 been infqmled of th~ su\:lj~t ip~~ of ~~ prqposed sill to ,xtend ule ~t~n4~4s qf w~ign~ awl m~~ 4c~,' ·1156 to the districts of kohima~~4 ~o~qkchul1~ ~ ~ -s~t~, pf, nagaland, recommends under article 117(3) of the constitution the c:onsideration of the bill by the lok sabha clause 2 of the bill seeks to extend the provisions of ,the standards ot weights and measures act, 1956, to the kohima and mokokchung districts in the state of nag&'land section 15 of the act requires the central goverrunent to supply a ::it"t of standards authenticated from the primary units to each state go'verrunent the estimated cost of the standards to be supplied to the state of nagaland is rio 50,000 approximately clau'ie 2 of ,the bill will thus involve a non-recurri'ng expenditure from the consolidated fund of india of about-rs 50,000 2 the adoption of the metric system is a, centrally sponsored scheme and the net expenditure is sanctioned as central assistance in the form of 50 per cent grant and 50 per cent loan the net expenditure incurred by the state government for the adoption and enforceme'nt of the standards ot weights and measures dn the two districts in the state of nagaland, al in the case of the third district in that state and the other states, will be sanctioned ijb central assistance in the form of 50 per cent grant and 50 per cent loan the recurring expenditure involved on this account cannot, however, be estimated precii;ely a bill to extend the standards of wcight8 and mcasui"~8 act, 1956, to the kohima and mokokchung districts in the state of nagaland (siwi dinesh smgh, mirii$cer of commeru )

Parliament_bills

12e23590-fd0f-535d-8b52-d7b61cfccc03

statement of objects and reasonsmore than five decades have elapsed since our independence but the poverty, hunger and backwardness sull persists in many areas and even in regions of the country unprecedented drought conditions play havoc in various parts of the country killing pedple, livestock and cause untold miseries and sufferings mahboobnagar in andhra pradesh, kalahandi in orissa, saurashtra and kutch in gujerat, jaisalmer in rajasthan, palamu in bihar and chattisgarh have become synonimous of persistent droughts where raingod 1s consistently evasive resulting in acute shortage of even drinking water what to speak of irrigation and other facilities in andhra pradesh alone as many as 18 districts including ; mahboobnagar are drought prone, poor and backward as those of other areas in various parts of the country the farmers in these areas can not sow crops as the lands become dry and parched and there are no irrigation, facilities the people do not get food to eat and water to drink resulting in their exodus in many places particularly in andhra pradesh, orissa and gujarat starvation deaths have also been reported and it has become a regular phenomena though concerned state governments as usual deny starvation deaths but the reality remains what it is the worst affected are the mute live stock dying unnatural death in the absence of fodder and water the old, weak and physically challenged citizens too face the same situation as a result these areas have remained underdeveloped uncared for and backward the situation has gone from bad to worse due to apathy of central and state governments development of such areas should be our prime concern special steps should be taken for better water management through forestry and other water harvesting means, canals etc other development activities should also be initiated in these areas if an authority is established exclusively for this purpose it is felt that rapid development of such areas can be achieved hence this bill dr dasari narayana rao financtal memorandumciause 5 of the bill provides for establishment of the drought prone, poor and backward areas development authority clause 8 provides for the funds to be made available by the central government the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupee one thousand crores may be involved as recurring expenditure per annum a sum of rupees one hundred crores may also involve as non recurring expenditure memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character

Parliament_bills

5893d8ba-b1a9-55d3-bfd8-7ad033a3a4d5

bill no lviii of 2015 the constitution (amendment) bill, 2015 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constituion (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointof article 324"(6) the president, or the governor of a state, shall, when so requested by the election commission, make available to the election commission or to a regional commissioner such staff, excluding school teachers, as may be necessary for the discharge of the functions conferred on the election commission by clause (1) " statement of objects and reasonsalthoug holding elections is a sovereign function of the state and is imperative to upholding the democratic values, the appointment of teachers as election officers has resulted in absence of teachers from school unfinished courses, poor results and high dropout rates thus, it has contributed to the lowering of the quality of education of government schoolsarticle 21a of the constitution of india provides that the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine hence, the right to education is now a fundamental right that is enforceable by lawfurther, section 27 of the right of children to free and compulsory education act, 2009aims to ensure that the teachers are free from deployment for non-educational purposes, so as to enable them to spend time on equipping themselves for classroom related activitiesthe supreme court, in the 2007 judgment of election commission of india v st mary's school and others observed that teachers should not be assigned the duties of revision of electoral rolls or other works relating to election duties that would adversely affect the imparting of education by them accordingly, teachers were supposed to be assigned election duties only on sundays and other holidaysmoreover, the ministry of human resourse development has taken note of the above mentioned judgement and called upon the appropriate government and local bodies to take note of the guidelines laid down by the supreme court while appointing teachers on election dutyhowever, these laws and guidelines have failed to ensure that the election commission does not appoint teachers for election duty during school hours this has resulted in students losing several days of class studyhence this bill annexure extract from the constitution of india324 (1)(2)(3)(4)superintendence, direction and control of elections to be vested in an election commission(5)(6) the president, or the governor of a state, shall, when so requested by the election commission, make available to the election commission or to a rigional commissioner such staff as may be necessary, for the discharge of the functions conferred on the election commission by clause (1) rajya sabha————a billfurther to amend the constitution of india————(shri tiruchi siva, mp)gmgipmrnd—3843rs(s3)—18-12-2015

Parliament_bills

cf3e54fa-ef71-5888-a4f8-7dc277a0783e

2 e otl: 1'103 a billfunhe'l' to amend the prevention of food adulteration act, 1954 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the prevention of food adultera short title tion (amendment) act, 1963 :!:-s (2) it shan come into force on such date as the central govern- ment ment may, by notification in the official gazette, appoint j70r 954 2 in section 3 of the prevention of food adulteration act, 19m, amem hereinafter referred to as the principal act,-~t,or ectiodl (i) in sulheetion (2) ,-10 (4) for clause (d), the following clause shall be substituted, namely:-is "(d) one representative each of the departments of fgod and agriculture in the centrallwnlstry of food and agriculture and one representative each of the central ministries of defence, industry, international trade and railways, nominated by the central government;"; (b) after clause (h), the following clause shall be inserted, nmnely:-:ao ii (i) one representative nominated by the indian standards institution referred to in clause (e) of s~ tjon 2 of the indian standards institution (certification marks) aet, 1952"; mof its • (ii) in sub-section (3), for the brackets, letters and word "(g) and (h)", the brackets, letters and word" (g), (h) and (0" shall be substituted ameddmentaf section 7 3 in section 7 of the principal act, in clause (iv), for the words "with q view to preventing the outbreak or spread of infectious s diseases", the words "in the interest of public health" shall be substituted 4 for section 9 of ,the principal act, the following section shall be substituted, namely:-subatitutica ofasew iecticdfor lectica , pooci 11iipccidri "9 (1) the central government or a state government 10 may, by notification in the ofticial gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be food inspectors for such areas as may be assigned to them by the central government or the state government, as the ~ase may be (2) no person who has any financial interest in the manu- is facture, import or sale of any article of food shall be appointed to be a food inspector under this section (3) every food inspector shall be deemed to be a publ1e servant within the meaning of section 21 of the indian penal ~ of 1880 code and shall be officially sujx>rdinate to such authority as the 20 government appointing him, may specify in this behalf" 5 in section 10 of the prineipal act,-amendmentor section 10 (i) in cleuse (e) of sub-section (1), for the words "with a view to preventing the outbreak or spread of any infectious disease" the words "in the interest of public health" shall be 25 substituted; (ii) after sub-section (4), the following proviso shall be inserted, namely:-"provided that whenever the food inspector keeps in the safe custody of the vendor such article, the vendor shall 30 execute a bond for a sum of money equal to the value of such article with ohe or more sureties as the food inspector deems fit"j (iii) in sub-section (7), for the worda "as tar as possible, call not less than two persons to be present at the time when 35 such action is taken and take their signatures", the words "call one or more persons to be present at the time when such- action is taken and take his or their signatures" shall be substituted lok sabha corrigenda to t he prevent i on of fo od aduijrerat ion (amenrnent) bill, 1963 (to be/as introduced in lok sabha) page 3, line 22,-after ii (ii)" omit" 11 -, 1 - page 4, line 24,-2 after "sale" insert ttthereof" 3 page 5, line 20,-~ '''the' mas ''' the' new delhi, december 1a_t96~ agrahayana 27, 1885 ( s ak a 1 • for section 14 of the principal act, the following section shall substitube substituted, namely: -tion of _ new aecrion for "14 e d section 14 very ven or of an article of food shall, if so required, vendor to disclose to the food inspector thl! name, address and other parti- disclose the i f th f name of the cu ars 0 e person rom whom he purchased the article of food", manufac-turer, etc, 7 in section 16 of the principal act,-(a) in sub-section (1) ,-amendmentof section 18, (i) for clause (a), the following clause shall be substituted, namely:-10 "(a) whether by himself or by any person on his behalf imports into india or manufactures for sale, or stores, sells or distributes any article of fooo-(i) which is adulterated or the sale of which is for the time being prohibited by the food (health) authority in the interest of public health; (ii) other than an article of food referred to in sub-clause (i) in contravention of any of the provisions of this act or of any rule made thereunder, or"j (ii) in clause (f), the word <cor" occurring at the end shell be omitted; 20 (iii) clause (g) shall be omitted; (iv) for paragraphs (i), (ii) , and (iii), the following paragraphs shall be substituted, namely:-"(i) for the first offence-(a) if the offence is with respect to sub-clause (i) of clause (a) or clause (b) or clause (c) or clause (d), with imprisonment for a term which shall not be less than six months but which mey extend to two years and with fine; and 30 (b) in other cases, with imprisonment for a term which may extend to two years and with fine; 35 (ii) for a second offence, with imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of less than two years but not less than six months; (iii) for a third and subsequent offences, with imprisonment for a term which shall not be less than four years but which may extend to six years and with 5 fine which shall not be less than three thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impale a sentence of imprisonment of less than four years but not less than six months"; 10 (b) after sub-section (1), the following sub-eectiod shall be inserted, namely:-"(la) whoever contravenes the provisions of section 14 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five is hundred rupees or with both" amend 8 in section 19 of the ,principal act, for sub-sections (2) and (3), =~~1& the following sub-section shall be substituted, namely:- (2) a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded 20 article of food if he proves-, (a) that he purchas~ the article of-food-(i) in case where a licence is prescribed for the sale from a duly licensed manufacturer, distributor or dealer; 25 (ii) in any other case, from any lhadufaeturer dlstributor or dealer; (b) that he did not know and could not, with reasonable diligence, have ascertained that the artiele of food wu adulterated or misbranded: and 30 amend· mentot section 20 (c) that the article of food wblle in his po8iiei8ion wu properly stored and remained in the same 'state as when he purchased it" 9 in seetion 20 of the prircipal act, in sub4eetion (1), for the words "the state government or a local authority" wherever they 35 occur, the words "the central government or the state government or a local authority" shall be substituted 10 in section 23 of the principal act,-amend· mentof eeetioll 23 (i) in clause (a) of sub-sectiol'i (1), for the words 'add the fees payable therefor", ·thewords ",the fees payable therefor, the 40 deposit of any sum as security for the performance of the conditions of the licence and the circumstances under which such security may be forfeited" shall be substituted; (ii) for sub-section (2), the following sub-seetlod slwlll be ubltttuted, namely:-s 10 is ii (2) every rule made by the central government uncler 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 in which it is so laid or the suceessivesessions aforesaid, both houses agree in miking 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!' u in section 24 of the principal art, in cl6u1e (b) -ofsub-lection amend-20 (2), for the w«ds "add the fees payable therefor", the worda "the =t ofz4 fees payable therefor, the deposit of any ,sumas security for the on pericmnance' of the 'conditions ,of the licence add the circumstances under which such security may be forfeited" shall be substituted statement of objects and reasonsthe administration of the prevention of food adulteration act, 1954, during the last about eight years has revealed that the machinery provided by the act is inadequate and that to cope with the increasing tendencies to indulge in adulteration, a revision of some of the provisions is necessary the central council of health at its meeting held in october, 1960, reviewed the position and recommended inter alia that the penal provisions of the act should be made more deterrent and the services of the food inspectors instead of being left to remain under the local authorities should be provinciaused the planning commission, while examining the pro blem of prevention of food adulteration, has also suggested the centralisation of administration under the act, the power to appoint food inspectors vests with the state governments except at major ports, air ports, customs stations and rail'w'by stations the common practice followed by the state governmeats is to appoint the inspectors of local authorities as food inspectors for the proper enforcement of the act, it is considered necessary that the central government also should have power to appoint food inspectors it is also considered that the penal provisions of the act are inadequate and that they should be blade more deterrent in order to have an effective check on the evil of adulteration the bill mainly seeks to give effect to the above proposals opportunity has also' been availed of to carty out cerllain other minor amendments to remove dffftculties in the administration of the act nzw dmbi; the 11th december, 1963 sushila nay ar under clause 4 of the bill which seeks to substitute section 9 ot the prevention of food adulteration act, 1954 (97 of 1954), the central government and the state governments have concurrent powers with regard to the appointment of food inspectors to c0-ordinate the work of the food inspectors appointed by the central government and the state 90vernments and for the rigorous enforcement of the provisions of the act and the rules made thereunder, a separate unit at the centre and five zonal offices in the country are proposed to be established the expenditure involved on account of the appointment of food inspectors by the central government and the setting up of the central and zonal oftlces, i8 as indicated below:-rs 50,000 rs 9,50,000 non-recurring expenditure recurring expenditure per annum clauses 10 and 11 of the bill respectively empower the central government and, the state government to make rules regarding the depesit of security for the performance of the conditions of the licente and the circumstances under which such security may be forfeited the matters with respect to which rules are to be made ate of routine nature and the delegation of legislative powers is of - normal c!baraeter fxtracts from the preven'l'ion of food adulteration act 1954 - (37 of 1954) - - - - - central committee for food standards and central food laboratory a 0) - - - - (2) the committee shall consist of the following members, name- ~~f 8;!: ly:-i ~~~!f~~~-- - - - - dardll (d) one representative each of the central ministries of food and agriculture, commerce and industry, railways and defence nominated by the central government; - - - - - (8) the members of the committee referred to in clause (c), (d), (e), (1), (g) and (h) of sub-section (2) shall, unless their seats become vacant earlier by resignation, death or otherwise, be entitled to hold office for three years and shall be eligible for renomination - - " - - general provisions as to food - - - - - 7 no person shall himself or by any person on hi' behalf manu- prebiblfacture for sale, or store, sell or distributetion oif manu ae-- - - - - ture, sale, (iv) any article of food the sale of which is for the time ~!~af~ being prohibited by the food (health) authority with a view rrtieles of to preventing the outbreak or spread 0,£ infectious diseases; or ood - - - - - - - analysis of food - - - 9 (1) subject to the provisions of section 14 the state govern- food insment may, by notification in the official gazette, appoint persons in pectors such number as it thinks fit, having the prescribed qualifications to be food inspectors for the purposes of this act, and they shall exercise their powers within such local areas as that government may assign to them: such imprisonment shall not be less than two years and such fine shall not be less than three thousand rupees '" '" '" '" '" u (1) '" '" '" '" (2) a vendor shall not be deemed to have committed an offence 1£ he proves-defences which mayor may not be alloweel in proaecutions under thltact (i) that the article of food was purchased -by him as the same in nature, substance and quality 8s that demanded by the purchaser and with a written warranty in the prescribed form, if any, to the effect that it was of such nature, substance and quality; (ii) that he had no reason to believe at the time when he sold it that the food was not of such nature, substance and quality; and (iii) that he sold it in the same state as he purchased it: provided that such a defence shall be open to the vendor only if he has submitted to the food inspector or the local authority a copy of the warranty with a written notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and had also sent a like notice of his intention to that person: ·1 provided further that the warranty given by a person resident in any area in which this act is not in force, shall be a defence to the vendor only if the vendor proves to the satisfaction of the court that he had taken reasonable steps to ascertain and did in fact believe in, the accuracy of the statement contained in the warranty (3) any :person by whom a warranty as is referred to in subsection (2), is alleged to have been given shall be entitled to appear at the pearing and give evidence coldizanceand trialot oftences 210 (1) no prosecution for an offence under this act shall be instituted except by, or with the written consent of, the state government or a local authority or a person authorised in this behalf by the state government or a local authority: provided that a prosecution for an offence under this act may be instituted by a purchaser referred to in section 12, if he produces in 'court a copy of the report of the public analyst along with the complaint - - - '" - 23 (1) the central government may, after consultation with the power committee and subject to the condition of previous publication, make g'ej~~l rules-government to (4) specifying the articles of food or classes of food for the =: import of which a licence is required and prescribing the form and conditions of such licence, the authority empowered to issue the same and the fees payable therefor; - - - - - (2) all rules made by the central government under this act illall, as soon as ~sible after they are made, be laid before both houses of parliament rules 1& (1) - - - - power of the state (2) in particular, and without prejudice to the generality of the ~:!~~-foregoing power, such rules maymake - - - - - (b) prescribe the forms of ittences for the manufacture for sale, for the storage, for the sale and for the distribution of ar-,1elia ,ef~' or ;an, s,ecrifled article -ef fbod or elass of articles of food, the form of applieatlon -fat such licences, the condition - subject to which such licences may be issued, the authority ern powered to issue the same and the fees payable therefor; - " - - - a billnrther to amend the prevention of food adulteration act, 1954-- (dr sushila nayar, minister of health)

Parliament_bills

235c7b81-0471-54c1-9e97-91603251e5f7

bill no 132 of 2010 the mahatma gandhi national rural employment guarantee (amendment) bill, 2010 by shri hansraj gangaram ahir, mp a bill further to amend the mahatma gandhi national rural employment guarantee act, 2005be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the mahatma gandhi national rural employment guarantee(amendment) act, 2010"(b) "applicant" means any adult person who has applied for employment under the scheme"3 for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 35"3 (1) save as otherwise provided, the state government shall, in such rural area in the state as may be notified by the central government, provide to every adult person who volunteers to do unskilled manual work, such work on all working days except the public holidays in accordance with the scheme made under this actguarantee of rural employment to every adult person(2) every person who has done the work given to him under the scheme shall be entitled to receive wages at the wage rate for each day of work10(3) save as otherwise provided, the disbursement of daily wages shall be made on a weekly basis or in any case not later than a fortnight after the date on which such work was done"amendment of section 74 in section 4 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—15"(1) for the purposes of giving effect to the provisions of section 3, every state government shall, within six months from the date of commencement of this act, by notification, make a scheme, for providing guaranteed employment on all working days except public holidays to every adult person who, by application, volunteers to do unskilled manual work subject to the conditions laid down by or under this act and in the scheme:20provided that until any such scheme is notified by the state government, the annual action plan or perspective plan for the sampoorna grameen rozgar yojana(sgry) or the national food for work programme (nffwp) whichever is in force in the concerned area immediately before such notification shall be deemed to be the action plan for the scheme for the purposes of this act"255 in section 7 of the principal act—amendment of section7(a) for sub-section (2), the following sub-section shall be substituted, namely:—30"(2) subject to such terms and conditions of eligibility as may be prescribed by the state government and subject to the provisions of this act and the schemes and the economic capacity of the state government, the unemployment allowance payable under sub-section (1) shall be paid to the applicants at such rate as may be specified by the state government, by notification, in consultation with the state council:35provided that no such rate shall be less than one-fourth of the wage rate for the first thirty days during the financial year and not less than one-half of the wage rate for the remaining period of the financial year"; (b) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) the liability of the state government to pay unemployment allowance to an applicant, shall cease as soon as the applicant is directed by the gram panchayat or the programme officer to report for work"; and (c) for sub-section (4), the following sub-section shall be substituted, namely:—40"(4) the unemployment allowance payable to an applicant shall be sanctioned and disbursed by the programme officer or such local authority (including the panchayats at the district, intermediate or village level) as the state government may, by notification, authorise in this behalf"amendment of section 96 in section 9 of the principal act, for clause (a), the following clause shall be substituted, namely:—"(a) does not accept the employment provided to him under a scheme; or"amendment of section 157 in section 15 of the principal act, in sub-section (5), for clause (b), the following clause shall be substituted, namely:—5"(b) sanctioning and ensuring payment of unemployment allowance to the eligible applicants;" 8 in schedule ii to the principal act,—a m e n d m e n t of schedule ii(a) for paragraph 1, the following paragraph shall be substituted, namely:—10"1 every adult person who—(i) resides in any rural areas; and (ii) is willing to do unskilled manual work,15may submit his name, age and the address to the gram panchayat at the village level (hereafter in this schedule referred to as the gram panchayat) in the jurisdiction of which he resides for registration of his name for issuance of a job card (b) for paragraph 2, the following paragraph shall be substituted, namely:—20"2 it shall be the duty of the gram panchayat to register the applicant, after making such enquiry as it deems fit and issue a job card containing such details of the applicant affixing his photograph, as may be specified by the state government in this scheme"; (c) for paragraph 4, the following paragraph shall be substituted, namely:—"4 every adult person whose name appears in the job card shall be entitled to apply for unskilled manual work under the scheme";25(d) for paragraph 5, the following paragraph shall be substituted, namely:—"5 all registered persons shall be entitled to employment in accordance with the scheme made under the provisions of this act, for as many days as each applicant may request, except on public holidays"; (e) for paragraph 8, the following paragraph shall be substituted, namely:—30"8 there shall be no limit on the number of days of employment for which a person may apply, or on the number of days of employment actually provided to him"; (f) for paragraph 15, the following paragraph shall be substituted, namely:—35"15 a period of employment shall ordinarily be at least fourteen days continuously except public holidays"; and (g) for paragraph 20, the following paragraph shall be substituted, namely:—40"20 the gram panchayat shall prepare and maintain or cause to be prepared and maintained such registers, vouchers and other documents in such form and in such manner as may be specified in the scheme containing particulars of job cards and passbooks issued, names, ages and addresses of the applicants registered with the gram panchayat" statement of objects and reasonsthe mahatma gandhi national rural employment guarantee act, 2005 was enacted with a view to provide employment to the people of rural areas however, as per sub-section (1) of section 3 of the act, there is a provision to provide unskilled employment of only one hundred days to the rural households agriculture and the other rural occupations in rural areas in the country have nearly been marginalized due to the severe impact of globalization a large number of farmers are empressing a desire to dissociate themselves from agriculture due to continued losses according to national sample survey organization (nsso), as many as forty per cent farmers have shown interest in quitting agriculture as occupation in this scenario, the employment of one hundred days to a household which is being provided under the act is not sufficient to provide reasonable income for leading a dignified life keeping this in view, it is very much warranted to generate more employment in rural areastherefore, there is a need to provide unskilled manual employment on all working days to every adult person in the rural areas who volunteers to do the workthis bill seeks to amend the mahatma gandhi national rural employment guarantee act, 2005 with a view to provide unskilled manual work on all working days to all adult persons in rural areas who volunteer to do workthe bill seeks to achieve the above objectivenew delhi;hansraj gangaram ahiroctober 22, 2010 financial memorandumclause 3 of the bill seeks to provide unskilled manual work to every adult who volunteers to do such work, on all working days, except public holidays in accordance with the scheme made under the mahatma gandhi national rural employment guarantee act, 2005 clause 7 provides for payment of unemployment allowance to the applicants the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees twenty thousand crore from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved annexure extract from the mahatma gandhi national rural employment guarantee act, 2005 (42 of 2005) [10] m c gonzalez-garcia, m c gonzalez-garcia, mdefinitions2 in this act unless the context otherwise requires,—(a) (b) "applicant" means the head of a household or any of its other adult members who has applied for employment under the scheme; [10] m c gonzalez-garcia, m c gonzalez-garcia, mguarantee of rural employment to households3 (1) save as otherwise provided, the state government shall, in such rural area in the state as may be notified by the central government, provide to every household whose adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the scheme made under this act(2) every person who has done the work given to him under the scheme shall be entitled to receive wages at the wage rate for each day of work(3) save as otherwise provided in this act, the disbursement of daily wages shall be made on a weekly basis or in any case not later than a fortnight after the date on which such work was done(4) the central government or the state government may, within the limits of its economic capacity and development, make provisions for securing work to every adult member of a household under a scheme for any period beyond the period guaranteed under sub-section (1), as may be expedientemployment guarantee schemes for rural areas4 (1) for the purposes of giving effect to the provisions of section 3, every state government shall, within six months from the date of commencement of this act, by notification, make a scheme, for providing not less than one hundred days of guaranteed employment in a financial year to every household in the rural areas covered under the scheme and whose adult members, by application, volunteer to do unskilled manual work subject to the conditions laid down by or under this act and in the scheme :provided that until any such scheme is notified by the state government, the annual action plan or perspective plan for the sampoorna grameen rozgar yojana (sgry) or the national food for work programme (nffwp) whichever is in force in the concerned area immediately before such notification shall be deemed to be the action plan for the scheme for the purposes of this act| | | | | | | | | ||--------------|----|----|------|------|------|------|------|-----|| 7 | ( | 1 | ) | | | | | || payment | of | | | | | | | || unemployment | | | | | | | | || allowance | | | | | | | | |(2) subject to such terms and conditions of eligibility as may be prescribed by the state government and subject to the provisions of this act and the schemes and the economic capacity of the state government, the unemployment allowance payable under sub-section (1) shall be paid to the applicant of a household subject to the entitlement of the household at such rate as may be specified by the state government, by notification, in consultation with the state council :provided that no such rate shall be less than one-fourth of the wage rate for the first thirty days during the financial year and not less than one-half of the wage rate for the remaining period of the financial year(3) the liability of the state government to pay unemployment allowance to a household during any financial year shall cease as soon as—(a) the applicant is directed by the gram panchayat or the programme officer to report for work either by himself or depute at least one adult member of his household; or(b) the period for which employment is sought comes to an end and no member of the household of the applicant had turned up for employment; or(c) the adult members of the household of the applicant have received in total at least one hundred days of work within the financial year; or(d) the household of the applicant has earned as much from the wages and unemployment allowance taken together which is equal to the wages for one hundred days of work during the financial year (4) the unemployment allowance payable to the household of an applicant jointly shall be sanctioned and disbursed by the programme officer or such local authority (including the panchayats at the district, intermediate or village level) as the state government may, by notification, authorise in this behalf 9 an applicant who—(a) does not accept the employment provided to his household under a scheme;or disentitlement to receive unemployment allowance in certain circumstances 15 programme officer(5) the functions of the programme officer shall include—(a) monitoring of projects taken up by the gram panchayats and other implementing agencies within the block;(b) sanctioning and ensuring payment of unemployment allowance to the eligible households; schedule ii (see section 5) conditions for guaranteed rural employment under a scheme and minimum entitlements of labourers1 the adult members of every household who—(i) reside in any rural areas; and (ii) are willing to do unskilled manual work,may submit their names, age and the address of the household to the gram panchayat at the village level (hereafter in this schedule referred to as the gram panchayat) in the jurisdiction of which they reside for registration of their household for issuance of a job card 2 it shall be the duty of the gram panchayat to register the household, after making such enquiry as it deems fit and issue a job card containing such details of adult members of the household affixing their photographs, as may be specified by the state government in the scheme 4 every adult member of a registered household whose name appears in the job card shall be entitled to apply for unskilled manual work under the scheme5 all registered persons belonging to a household shall be entitled to employment in accordance with the scheme made under the provisions of this act, for as many days as each applicant may request, subject to a maximum of one hundred days per household in a given financial year 8 there shall be no limit on the number of days of employment for which a person may apply, or on the number of days of employment actually provided to him subject to the aggregate entitlement of the household 15 a period of employment shall ordinarily be at least fourteen days continuously with not more than six days in a week 20 the gram panchayat shall prepare and maintain or cause to be prepared and maintained such registers, vouchers and other documents in such form and in such manner as may be specified in the scheme containing particulars of job cards and passbooks issued, name, age and address of the head of the household and the adult members of the household registered with the gram panchayat [10] m c gonzalez-garcia, m c gonzalez-garcia, m———— a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005————(shri hansraj gangaram ahir, mp)gmgipmrnd—5144ls(s3)—16-11-2010

Parliament_bills

29d2c2bc-686c-55db-aa31-b9c00c52fc60

bill no i of 2010 the two child norm bill, 2010 a billto provide for population control through promotion of voluntary sterilization among eligible couples having two living children and measures for promoting two child norm and for matters connected therewith and incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the two child norm act, 2010 (2) it extends to the whole of indiashort titles, extent and commencement5(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 "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government103 it shall be the duty of the central govenment to encourage, promote and motivate couples to adopt two child norm with a view to ensuring decline in birth rate and control; the rising population in the countrycentral govt to promote two child norm families4 one family shall consist of husband and wife and shall have two living children 5 the provisions of this act shall cease to have effect on the expiration of a period of ten years from the commencement of this actperiod of expiration of the act6 if either the husband or the wife having only one living child on the date commencement of this act, voluntarily undergoes sterilization, the appropriate govt shall provide the couple with the following benefits, namely:—(a) free education including higher education to such child;appropriation govt to provide benefits to couple having one child who undergo sterilization5(b) suitable employment to such child after he completes his education; and(c) such other benefits as may be prescribed by rules made under this act10person toworking under the govt to give undertaking7 (1) any person who is serving in connection with the affairs of the union or of state or in any undertaking or organization under the control of the government as the case may be, and who has only two children or who has not procreated any child or who is unmarried on the date of commencement of this act, shall give an undertaking that he shall not procreate more than two children(2) any person violating the provisions of sub-section (1) shall be subject to such disciplinary action as may be determined by the appropriate governmentpenalty8 any person who contravenes the provisions of section 4 shall be punished with simple imprisonment for not less than five years and with fine, which shall not be less than twenty thousand rupees15 9 the provisions of this act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in forceover-riding effect of the actpower to makes rules10 the central government may, by notification in the official gazette make rules to give effect to provisions of this act statement of objects and reasonsrapid increase in the population has given birth to many socio-economic problems like poverty, scarcity of food and housing, unemployment and environmental degradation, etc we are the second highest populous country after china china has controlled the rapid growth in its population our population has crossed the figure of one hundred crore if the present trend continues, it will not be possible to recover from socio-economic problems occurring due to increase in populationit is, therefore, imperative that certain effective steps be taken to check this menacesince our resources are limited, despite the existence of various birth control measures and various family planning programmes to motivate the people to accept these birth control methods, the problem of population explosion still remainsthe bill, therefore, seeks to provide for two child in a family and promote small family norms in future generation there is also a provision that this act shall remain for a period of 10 years from the date of its commencement and shall be amended or reviewed as per requirements at that timehence this billdr t subbarami reddy financial memorandumclause 6 of the bill provides for certain benefits to be given to those who undergo sterilization voluntarily the central government shall have to incur some expenditure for implementing the provisions of this bill in respect of union government and the government of union territories the state governments will incur expenditure in respect of their state out of their respective consolidated funds the bill, therefore, will involve an annual recurring expenditure of about rupees fifty crore every year from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules, to be made, relate to matters of detail only, the delegation of legislative power is of a normal character rajya sabha———— a billto provide for population control through promotion of voluntary sterilization among eligible couples having two living children and measures for promoting two child norm and for matters connected therewith and incidental thereto————(drt subbarami reddy, mp)gmgipmrnd—2330rs(s5)—03-05-2010

Parliament_bills

3ef05f3f-f038-5305-9de3-d9ba54fda7c3

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 the transgender persons (protection of rights) bill, 2019 [to be/as introduced in lok sabha]1page 7, line 16,-for"foregoing powers,"read "foregoing power,"new delhi;july 15, 2019______ ashadha 24, 1941 (saka)

Parliament_bills

2d331327-c4f9-5d6b-986c-0a55be444265

as introduced in the rajya sabhaon the 12th july, 2019bill no xvi of 2019 the criminal law (amendment) bill, 2019 a billfurther to amend the indian penal code, 1860; the code of criminal procedure, 1973and the indian evidence act, 1872whereas the constitution of india guarantees to all persons the right to life and personal liberty, the equal protection of laws and prohibits discrimination on the ground of sex and provides a special provision for the advancement of socially backward classes of citizens;and whereas it is deemed necessary and expedient to enact legislation for the protection of these rights guaranteed by the constitution;and whereas the law commission of india vide its 172nd report dated13th march, 2000 after considering all aspects had recommended that sexual offences should be made gender neutral;and whereas a bill to amend the indian penal code, 1860, the code of criminal procedure, 1973 and the indian evidence act, 1872 to provide for gender neutrality for numerous penal sections was introduced in the house of the people in2012 and was referred to the parliamentary standing committee on home affairs for examination followed by the introduction of the criminal law (amendment) bill, 2012 in the house of people on the 4th december, 2012 preceded by promulgation of the criminal law (amendment) ordinance, 2013;and whereas after the said ordinance having been lapsed, there have been a spate of incidents resulting in injuries, psychological trauma and death of persons at the hands of offenders belonging to either gender or sex on account of various sexual offences & exploitation committed against them;and whereas the hon'ble supreme court in the case of national legal services authority v union of india, (2014) 5 scc 438 had afforded recognition to transgender persons as the 'third gender';and whereas the hon'ble supreme court in the case of criminal justice society of india v union of india & ors, wp(c) no 1262/2018 vide its order dated12th november, 2018 found merit in the plea of the petitioner praying for gender neutral rape laws and desired that the parliament may consider the same;and whereas the general assembly of the united nations adopted the universal declaration of human rights, 1948 to give effect to its commitment to protect the human rights of equality & protection from discrimination of all individuals;and whereas the republic of india, being a signatory to and having ratified the aforesaid declaration, it is expedient to give effect to the said declarationbe it enacted by parialment in the seventieth year of the republic of india as follows:— chapter i preliminary51 (1) this bill may be called the criminal law (amendment) bill, 2019short 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 indian penal code10amendment of section 845 of 18602 in section 8 of the indian penal code (hereafter in this chapter referred to as the penal code), for the words ''male or female'', the words 'male, female or transgender'' be substituted3 after section 8 of the penal code, the following section shall be inserted, namely:—insertion of new section 8a15modesty''8a modesty is an attribute which attaches to the personality with regard to commonly held belief of morality, decency and integrity of speech and behaviour, in any man, woman or a transgender''substitution of section 104 for the section 10 of the penal code, the following section shall be substituted namely:—20''man'' ''woman'' ''transgender''''10 the word ''man'' denotes a male human being of any age; the word''woman'' denotes a female human being of any age; and the word ''others'' denotes a human being including but not limited to transgender of any age''5 for section 354 of the penal code, the following section shall be substituted, namely:—substitution of new section for section 3545''354 whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that it will thereby outrage the modesty of that person shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine''assault or use of criminal force to any person with intent to outrage modesty6 in section 354a of the penal code:—amendment of section 354a(i) for the words ''a man'' and ''any man who'', the word ''whoever'' shall be substituted; and10(ii) for the word ''a woman'', the words ''any person'' shall be substituted, wherever they occur 7 for section 354b of the penal code, the following section shall be substituted, namely:—substitution of new section for section 354b15"354b whoever assaults or uses criminal force to any person or abets such act with the intention of disrobing or compelling that person to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, shall also be liable to fine"assault or use of criminal force to any person with intent to disrobe8 in section 354c of the penal code,:—(i) for the words "any man", the word "whoever" shall be substituted; andamendment of section 354c20(ii) for the word "a woman", the words "any person" shall be substituted, wherever they occur 9 for section 354d of the penal code, the following section shall be substituted, namely:—substitution of new section for section 354d stalking"354 (1) whoever—25(i) follows any person and contacts, or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; or(ii) monitors the use by any person of the internet, email or any other form of electronic communication, commits the offence of stalking:30provided that such conduct shall not amount to stalking if whoever pursued it proves that(i) it was pursued for purpose of preventing or detecting crime and whoever accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or35(ii) it was pursued under any law or to comply with any condition or requirementimposed by any person under any law; or(iii) in the particular circumstances such conduct was reasonable and justified40(2) whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine"10 for section 375 of the penal code, the following section shall be substituted, namely:—substitution of new section for section 375 rape"375 any person is said to commit rape if that person5(a) penetrates their genital, to any extent, into the genital, mouth, urethra or anusof any other person or makes that person to do so with them or any other person; or(b) inserts, to any extent, any object or a part of the body, not being the penis,into the genital, the urethra or anus of any other person or makes that person to do so with them or any other person; or10(c) manipulates any part of the body of any other person so as to causepenetration into the genital, urethra, anus or any part of body of such person or makes that person to do so with them or any other person; or(d) applies their mouth to the genital, anus, urethra of any other person or makes that person to do so with them or any other person, under the circumstances falling under any of the following seven description:15first—against the other person's will secondly—without the other person's consent thirdly—with the other person's consent, when that person's consent has been obtained by putting them or any person in whom they are interested, in fear of death or of hurt20fourthly—with the other person's consent, when a man knows that he is not that person's husband and that the person's consent is given because they believe that he is another man to whom they are or believe themselves to be lawfully married25fifthly—with the other person's consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the or the administration by the person personally or through another of any stupefying or unwholesome substance, the other person is unable to understand the nature and consequences of that to which they give consentsixthly—with or without the other person's consent, when they are under eighteen years of ageseventhly—when other person is unable to communicate consent30explanation 1—for the purposes of this section, the word genital denotes penis and vagina and; vagina shall also include labia majora35explanation 2—consent means an unequivocal voluntary agreement when any other person by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual actexplanation 3—for the purposes of this section, the definition of gender as under section 8 of the penal code shall be applicable wherein the pronoun 'he' and its derivatives are used for any person, whether man, woman or transgender:40provided that a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activityexception 1—a medical procedure intervention shall not constitute rape exception 2—sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape"11 after section 375 of the penal code, the following section shall be inserted, namely:—insertion of new section 375a"375a the following acts shall constitute the offence of sexual assault, if any person:—sexual assault and punishment of sexual assault5(a) intentionally touches the genital, anus or breast of the person or makes theperson touch the vagina, penis, anus or breast of that person or any other person, without the other person's consent except where such touching is carried out for proper hygienic or medical purposes; or10(b) uses words, acts or gestures towards another person which creates an unwelcome actionable threat of sexual nature or result in any unwelcome advance; and shall be punished with rigorous imprisonment that may extend to three years, or with fine, or bothexplanation 1—for the purposes of this section, the word genital denotes penis and vagina and vagina shall also include labia majora15explanation 2—consent means an unequivocal voluntary agreement when any other person by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act20explanation 3—for the purposes of this section, the word touches means touching of sexual nature without the consent of the victim and in absence of a reasonable belief that the victim has consented for the same"12 for section 376 of the penal code, the following section shall be substituted, namely:—substitution of new section for section 376 punishment for rape25"376 (1) whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine(2) whoever,(a) being a police officer, commits rape(i) within the limits of the police station to which such police officer is appointed; or30(ii) in the premises of any station house; or (iii) on any person in such police officer's custody or in the custody of a police officer subordinate to such police officer; or35(b) being a public servant, commits rape on any person in such publicservant's custody or in the custody of a public servant subordinate to such public servant; or(c) being a member of the armed forces deployed in an area by the central or a state government commits rape in such area; or40(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's children's institution, commits rape on any inmate of such jail, remand home, place or institution; or(e) being on the management or on the staff of a hospital, commits rape on any person in that hospital; or(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards any person, commits rape on such person; or(g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or5(j) commits rape, on any person incapable of giving consent; or (k) being in a position of control or dominance over any person, commits rape on such person; or(1) commits rape on any person suffering from mental or physical disability;or10(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of any person; or(n) commits rape repeatedly on the same person,15shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fineexplanation—for the purposes of this sub-section,(a) armed forces means the naval, military and air force and includes any member of the armed forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the central government or the state government;20(b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;5 of 1861(c) police officer shall have the same meaning as assigned to the expression police under the police act, 1861;25(d) women's or children's institution means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children30(3) whoever, commits rape on any person under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:35provided further that any fine imposed under this sub-section shall be paid to the victim"13 in section 376a of the penal code, for the word "woman", the word person shall be substituted, wherever they occuramendment of section 376a40substitution of section 376c14 for section 376c of the penal code, the following section shall be substituted, namely:—"376c whoever, being—(a) in a position of authority or in a fiduciary relationship; or sexual intercourse by a person in authority(b) a public servant; or45(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or5(d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any person either in the person's custody or under the person's or present in the premises, to have sexual intercourse with that person, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fineexplanation 1—in this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 37510explanation 2—for the purposes of this section, explanation 1 to section 375 shall also be applicable15explanation 3—"superintendent", in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmatesexplanation 4—the expressions "hospital" and "women's or children's institution"shall respectively have the same meaning as in explanation to sub-section (2) of section 376"2015 in section 376d of the penal code, for the words "a woman", the words "any person" shall be substitutedamendment of section 376d chapter iii amendments to the code of criminal procedure, 1973| 2 of 1974 | amendment ||-------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| of section | || 154 | || 25 | || 16 | in the code of criminal procedure, 1973 (hereafter in this chapter referred to as the || criminal code), in section 154, in the provisos to sub-section (1), after the word, figure and | || letter "section 354d", the word, figure and letter "section 375a" shall be inserted, wherever | || the occur | || amendment | || of section | || 161 | || 17 | in section 161 of the criminal code, in the second proviso to sub-section (3), after || the word, figure and letter "section 354d", the word, figure and letter "section 375a" shall be | || inserted | || 30 | || amendment | || of section | || 164 | || 18 | in section 164 of the criminal code, in clause (a) of sub-section (5a), after the || word, figure and letter "section 354d", the word, figure and letter "section 375a" shall be | || inserted | || amendment | || of first | || schedule | |3519 in the first schedule to the criminal code, under the heading "i- offencesunder the indian penal code",— (a) after the entries relating to section 374, the following entry shall be inserted, namely:—| 1 | 2 | 3 | 4 | 5 | 6 ||-----|-----|-----|-----|-----|-----|40| 375a | sexual | rigorous ||---------------|--------------|------------|| assault | imprisonment | session || which may | | || extend to 3 | | || years or with | | || fine, or both | | | chapter iv amendments of the indian evidence act, 1872| 1 of 1872 | 45 ||----------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| of section | || 53a | || 20 | in section 53 of the indian evidence act, 1872 (hereafter in this chapter referred to || as the evidence act), after the word, figure and letter "section 354d", the word, figure and | || letter "section 375a" shall be inserted | |21 in section 114a of the evidence act, after the words "in a prosecution for", the words "sexual assault under section 375a and" shall be insertedamendment of section 114a amendment of section 146522 in section 146 of the evidence act, in the proviso, after the words "provided that in a prosecution for an offence under", the word, figure and letter "section 375a", shall be inserted statement of objects and reasonsthe idea of india, as envisaged by our founding fathers, is of one land embracing many, a nation that may endure differences of caste, creed, colour, conviction, culture, cuisine, costume and custom and yet continue to maintain its composite and pluralistic democracy it's the underlying seamless web that unites india as a sovereign, socialist, secular, democratic republicthe constitution of india guarantees to all persons the right to life and personal liberty, the equal protection of laws and prohibits discrimination on the ground of sex and provides a special provision for the advancement of socially backward classes of citizens;it is imperative to note that transgender persons including homosexuals and bisexuals and men are excluded from the point of view of victims of sexual exploitation, assault or harassment and, from protection of rape, etcetera, under the penal laws of the country despite an impending need for the samethe intention of the bill is not to undermine the experiences of women subjected to rape and discrimination but, as society matures, we must develop empathy for all and this includes male and transgender rape victims also we need to break our silence on the issue of male and transgender rape and questioning social constructs that glorify machismo, reduce men and transgender to stereotypes and force them to mask their feelings this bill is an endeavor to bring laws relating to sexual exploitation, harassment and assault to be instep with changing social moralitypursuant to the resolutions of the united nations and the universal declaration of human rights, 1948, there has been a steady stream of countries that have amended the laws to make sexual offences gender neutral in line with the universal declaration of human rights, 1948 more than 63 countries have already given effect to gender neutrality in relation to sexual offences by amending their penal laws to bring them in conformity with their commitment to the united nations and the mankind it cannot be forgotten that discrimination is the antithesis of equality and recognition of equality in its truest sense will foster the dignity of every individual the lack of acknowledgment of male rape has impacted the ability of victims to recognize their own victimizationtherefore, this billkts tulsi annexure extracts from the indian penal code, 1860 (45 of 1860)| | | | | ||------|------|------|------|-----|2 every person shall be liable to punishment under this code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 5[india]6punishment of offences committed within india gender8 the pronoun "he" and its derivatives are used of any person, whether male orfemale ''man'' ''woman''10 the word "man" denotes a male human being of any age; the word "woman"denotes a female human being of any age 354 whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with bothassault or criminal force to woman with intent to outrage her modesty354a (1) a man committing any of the following acts—(i) physical contact and advances involving unwelcome and explicit sexual overtures; orsexual harassment and punishment for sexual harassment(ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment (2) any man who commits the offence specified in clause (i) or clause (ii) or clause (iii)of subsection (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both(3) any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both354b any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fineassault or use of criminal force to woman with intent to disrobevoyeurism354c any man who watches, or captures the image of a woman engaging in a privateact in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shallalso be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fineexplanation 1—for the purpose of this section, "private act" includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in publicexplanation 2—where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section354d (1) any man who,—stalking(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:provided that such conduct shall not amount to stalking if the man who pursued it proves that—(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or(iii) in the particular circumstances such conduct was reasonable and justified(2) whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine rape375 [2]a man is said to commit rape if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:first—against her will secondly—without her consentthirdly—with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurtfourthly—with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully marriedfifthly—with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consentsixthly—with or without her consent, when she is under eighteen years of age seventhly—when she is unable to communicate consent explanation 1—for the purposes of this section, vagina shall also include labia majoraexplanation 2—consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activityexception 1—a medical procedure or intervention shall not constitute rape exception 2—sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rapepunishment for rape376 (1) whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine](2) whoever,(a) being a police officer, commits rape,(i) within the limits of the police station to which such police officer is appointed; or(ii) in the premises of any station house; or (iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or(c) being a member of the armed forces deployed in an area by the central or a state government commits rape in such area; or(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or(g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or 2 (j) commits rape, on a woman incapable of giving consent; or (k) being in a position of control or dominance over a woman, commits rape on such woman; or(l) commits rape on a woman suffering from mental or physical disability; or (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or(n) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fineexplanation—for the purposes of this sub-section,(a) armed forces means the naval, military and air forces and includes any member of the armed forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the central government or the state government;(b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;(c) police officer shall have the same meaning as assigned to the expression police under the police act, 1861 (5 of 1861);(d) women's or children's institution means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children 3 [(3) whoever, commits rape on a woman under sixteen years of age shall be punished with, rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:provided further that any fine imposed under this sub-section shall be paid to the victim]376a whoever, commits an offence punishable under sub-section (1) or sub-section(2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with deathpunishment for causing death or resulting in persistent vegetative state of victim 376c whoever, being—(a) in a position of authority or in a fiduciary relationship; orsexual intercourse by a person in authority(b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or(d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine explanation 1—in this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375explanation 2—for the purposes of this section, explanation 1 to section 375 shall also be applicableexplanation 3—"superintendent", in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmatesexplanation 4—the expressions "hospital" and "women's or children's institution"shall respectively have the same meaning as in explanation to sub-section (2) of section 376gang rape376d where a woman is raped by one or more persons constituting a group or actingin furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:provided that such fine shall be just and reasonable to meet the medical expenses andrehabilitation of the victim:provided further that any fine imposed under this section shall be paid to the victimpunishment for repeat offenders376e whoever has been previously convicted of an offence punishable under section376 or section 376a or [section 376ab or section 376d or section 376da or section 376db,] and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death] extracts from the code of criminal procedure, 1973 (2 of 1974) chapter xii information to the police and their powers to investigateinformation in cognizable cases154 (1) every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe in this behalf:provided that if the information is given by the woman against whom an offence under section 326a, section 326b, section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:provided further that,— (a) in the event that the person against whom an offence under section 354, section354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such persons choice, in the presence of an interpreter or a special educator, as the case may be;(b) the recording of such information shall be videographed; (c) the police officer shall get the statement of the person recorded by a judicial magistrate under clause (a) of sub-section (5a) of section 164 as soon as possible (3) the police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he recordsprovided that statement made under this sub-section may also be record by audio-video electronic means:provided further that the statement of a woman against whom an offence under section354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer (5a) (a) in cases punishable under section 354, section 354a, section 354b, section354c, section 354d, subsection (1) or sub-section (2) of section 376, section 376a, section376b, section 376c, section 376d, section 376e or section 509 of the indian penal code (45 of 1860), the judicial magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the magistrate shall take the assistance of an interpreter or a special educator in recording the statement:provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed(b) a statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-inchief, as specified in section 137 of the indian evidence act, 1872 (1 of 1872) such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial extracts from the indian evidence act, 1872 (1 of 1872)53a in a prosecution for an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376ab, section 376b, section 376c, section 376d, section 378da, section 376db or section 376e of the indian penal code (45 of 1860) or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such persons previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent]evidence of character or previous sexual experience not relevant in certain casespresumption as to absence of consent in certain prosecution for rape114a in a prosecution for rape under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l), clause (m) or clause (n) of sub-section (2) of section 376 of the indian penal code (45 of 1869), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consentexplanation—in this section, sexual intercourse shall mean any of the acts mentioned in clauses (a) to (d) of section 375 of the indian penal code (45 of 1860)146 when a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tendquestions lawful in crossexamination(1) to test his veracity, (2) to discover who he is and what is his position in life, or (3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture:provided that in a prosecution for an offence under section 376, 2 section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e of the indian penal code (45 of 1860) or for attempt to commit any such offence, where the question of consent in an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent rajya sabha———— a billfurther to amend the indian penal code, 1860; the code of criminal procedure, 1973and the indian evidence act, 1872 ————(mr kts tulsi, mp)mgipmrnd—1574rs(s3)—15-07-2019

Parliament_bills

fbfcc6bf-c47f-5a17-aee6-18d82316bfc2

bill no 68 of 2015 the television broadcasting companies (regulation) bill, 2015 byshri prahlad singh patel, mp a billto regulate closing down of broadcasting channels by television broadcasting companies and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—definition2 in this act, unless the context otherwise requires, "prescribed" means prescribed by rules made under this act3 no television broadcasting company shall close down the operation of its broadcasting channel except in accordance with provisions of this actguidelines for closing down the operation of broadcasting channels54 (1) the central government shall, within six months of the coming into force of this act, constitute a committee to be known as the regulatory committeeconstitution of regulatory committee(2) the committee shall consist of—(a) the secretary to the ministry of information and broadcasting — chairperson, ex-officio;10(b) an additional secretary to the ministry of finance - member;(c) an additional secretary to the ministry of law and justice - member; (d) three persons representing the television broadcasting companies — member; and15(e) three persons representing the employees of television broadcasting channels - members5 (1) a television broadcasting company which intends to close down the operation of its broadcasting channel shall apply to the regulatory committee in such form and manner as may be prescribed20application for closing down the operation of a broadcasting channel(2) the regulatory committee shall, before taking a decision on closing down of a television broadcasting channel, give an opportunity of being heard to the employees of that channel(3) the regulatory committee shall give its decision within three month of the receipt of an application made under sub-section (1)25act to have overriding effect6 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any law other than this actpower to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3035(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsafter the liberalization, there was a boom in the country's media industries which led to launch of a number of channels by private limited or public limited companies this privatization opened up different set of problems including fall in advertising revenues and overcrowded market resulting in layoff and closure of channels there are ample number of examples where private channel operators shutdown their operations within a period of one year for various reasons therefore, prior permission must be obtained before stopping the broadcasting by properly presenting the case and obtaining necessary permission from the regulatory body without any harassment to employees and other persons working in the broadcasting channel this will also stop wastage of precious resourceshence this billnew delhi;prahlad singh patelfebruary 10, 2015 financial memorandumclause 4 of the bill provides for constitution of a regulatory committee the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india for payment of travelling allowance/dearness allowance to the members it is estimated that an annual recurring expenditure of about rupees five hundred crore would be involved per annum from the consolidated fund of indiano non-recurring expenditure is 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 the rules will relate to matters of detail only and, as such, the delegation of legislative power is of a normal character———— a billto regulate closing down of broadcasting channels by television broadcasting companies and for matters connected therewith————(shri prahlad singh patel, mp)gmgipmrnd—4755ls(s3)—04-03-2015

Parliament_bills

face924f-77a8-5bd2-bf2b-efd559b36d2e

bill no 8 of 2007 the constitution (amendment) bill, 2007 by shri ks rao, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 (1) this act may be called the constitution (amendment) act, 2007 2 (1) after article 21a of the constitution, the following article shall be inserted, namely:—5insertion of new article 21b "21b (1) every citizen shall have right to adequate health care free of cost in the hospitals/dispensaries run by the stateright to adequate health care10(2) nothing in clause (1) shall prevent the state from making any provision for charging of fees or cost of treatment from persons, on the basis of criteria to be prescribed by law, having means to bear such fee or costexplanation— for the purpose of this article, 'health care' shall include consultation, diagnostic tests, medicines, indoor treatment and surgery but shall not include tests or surgery for cosmetic purposes(3) parliament may, by law, provide for a health insurance scheme for citizens to give effect to the provisions of this article" statement of objects and reasonsmajority of our countrymen are either living below the poverty line or are too poor to afford adequate health care which has become very expensive thus most of the citizens do not have access to adequate health care the condition of government hospitals is pathetic on account of absence of proper infrastructure and also manpower the cost of treatment in private hospitals is beyond the capacity of common man therefore, the common man in the country suffers from lack of adequate health care india being a welfare country, it is the duty of the government to take initiative for providing health care to all the citizens it may charge fee for providing health care from persons who are in a position to pay itgiven the large size of our population, it may be difficult for the state to meet the expenditure on this account therefore, government may go for health insurance scheme for the citizens and determine the amount to be paid, as premia, by them health is a state subject and that is the reason formulating a health insurance scheme has been proposedthe bill seeks to achieve the above objectives hence this billnew delhi;ks raonovember 8, 2006 financial memorandumclause 2 of the bill provides that every citizen shall have right to adequate health care free of cost in the hospitals/dispensaries run by the state the central government has to provide manpower, infrastructure, etc in the hospitals/dispensaries the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty thousand crore will be involved from the consolidated fund of indiaa non-recurring expenditure of rupees ten thousand crore is also likely to be involved annexure extract from the constitution of india 21 no person shall be deprived of his life or personal liberty except according to procedure established by lawprotection of life and personal libertyright to education21a the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine lok sabha————— a billfurther to amend the constitution of india—————(shri ks rao, mp)mgipmrnd—62ls(s-5)—06022007

Parliament_bills

8fbdbb04-b999-5e7e-acc9-b07fb7e7a694

bill no xiii of 2016 the representation of the people (amendment) bill, 2016 a billfurther to amend the representation of the people act, 1950be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the representation of the people (amendment) act, 2016 2 in section 14 of representation of the people act, 1950, for clause (b), the following clause be substituted, namely,—5amendment of section 14 of act 43 of 1950"(b) "qualifying date" in relation to preparation or revision of every electoral roll under this part, means 1st day of january of the year in which it is so prepared or revised:10provided that the "qualifying date" shall be the actual date of birth in respect of the citizens whose names are included for the first time in the electoral roll on completion of eighteen years of age" statement of objects and reasonsarticle 326 of the constitution of india stipulates that elections to the lok sabha and state assemblies will be on the basis of adult suffrage ie every person who is a citizen of india and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature, shall be entitled to be registered as a voterclause (g) of section 14 of the representation of the people act 1950 has stipulated that the "qualifying date" in relation to the preparation or revision of every electoral roll means the 1st day of january of the year in which it is so prepared or reviseda combined reading of the above two provisions leads to a situation wherein, barring those who were born on 1st january, the rest of the youth have to wait till the 1st january of the year following the year in which he or she was born for getting included in the electoral rollthis anomaly virtually deprives a substantial proportion of the younger population of its rights to exercise their franchise in the year in which he or she completes eighteen years of agethis anomaly needs a corrective to be legislated hence, this billrangasayee ramakrishna rajya sabha———— a billfurther to amend the representation of the people act, 1950————(shri rangasayee ramakrishna, mp)gmgipmrnd—5048rs(s3)—11-03-2016

Parliament_bills

127c810f-494d-580a-a054-9558304a12ac

financial memorandumclause 5 of the bill provides for the setting up of a centre for welfare, rehabilitation and adoption of children in each district of the state the central government will bear expenditure incurred in respect of union territories and the state governments will bear expenditure incurred in respect of states from their respective consolidated funds the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees three crore is likely to be involved 'a non-recurring expenditure of about rupees five lakh 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 these rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character,

Parliament_bills

4a28d8b0-03ad-539c-915a-62e570ac9b21

bill no 187 of 2018 the companies (amendment) bill, 2018 a billfurther to amend the companies act, 2013be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the companies (amendment) act, 2018short title and commencement(2) it shall be deemed to have come into force on the 2nd day of november, 2018amendment of section 218 of 201352 in section 2 of the companies act, 2013 (hereinafter referred to as the principal act), in clause (41),—(a) for the first proviso, the following provisos shall be substituted, namely:—"provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside india and is required to follow a different financial year for consolidation of its accounts outside india, the central government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year:provided further that any application pending before the tribunal as on the date of commencement of the companies (amendment) act, 2018, shall be disposed of by the tribunal in accordance with the provisions applicable to it before such commencement";5(b) in the second proviso, for the words "provided further that", the words"provided also that" shall be substituted 3 after section 10 of the principal act, the following section shall be inserted, namely:—insertion of new section 10acommencement of business, etc10"10a (1) a company incorporated after the commencement of the companies(amendment) act, 2018 and having a share capital shall not commence any business or exercise any borrowing powers unless—15(a) a declaration is filed by a director within a period of one hundred and eighty days of the date of incorporation of the company in such form and verified in such manner as may be prescribed, with the registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making of such declaration; and(b) the company has filed with the registrar a verification of its registered office as provided in sub-section (2) of section 1220(2) if any default is made in complying with the requirements of this section, the company shall be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues but not exceeding an amount of one lakh rupees25(3) where no declaration has been filed with the registrar under clause (a) of sub-section (1) within a period of one hundred and eighty days of the date of incorporation of the company and the registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provisions of sub-section (2), initiate action for the removal of the name of the company from the register of companies under chapter xviii30amendment of section 124 in section 12 of the principal act, after sub-section (8), the following sub-section shall be inserted, namely:—35"(9) if the registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under chapter xviii" 5 in section 14 of the principal act,—amendment of section 1440(i) in sub-section (1), for the second proviso, the following provisos shall be substituted, namely:—45"provided further that any alteration having the effect of conversion of a public company into a private company shall not be valid unless it is approved by an order of the central government on an application made in such form and manner as may be prescribed:provided also that any application pending before the tribunal, as on the date of commencement of the companies (amendment) act, 2018, shall be disposed of by the tribunal in accordance with the provisions applicable to it before such commencement"; (ii) in sub-section (2), for the word "tribunal", the words "central government"shall be substituted5amendment of section 536 in section 53 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—10"(3) where any company fails to comply with the provisions of this section, such company and every officer who is in default shall be liable to a penalty which may extend to an amount equal to the amount raised through the issue of shares at a discount or five lakh rupees, whichever is less, and the company shall also be liable to refund all monies received with interest at the rate of twelve per cent per annum from the date of issue of such shares to the persons to whom such shares have been issued"amendment of section 647 in section 64 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—15"(2) where any company fails to comply with the provisions of sub-section (1), such company and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues, or five lakh rupees whichever is less"20amendment of section 778 in section 77 of the principal act, in sub-section (1), for the first and second provisos, the following provisos shall be substituted, namely:—"provided that the registrar may, on an application by the company, allow such registration to be made—25(a) in case of charges created before the commencement of the companies (amendment) act, 2018, within a period of three hundred days of such creation; or(b) in case of charges created on or after the commencement of the companies (amendment) act, 2018, within a period of sixty days of such creation,30on payment of such additional fees as may be prescribed:provided further that if the registration is not made within the period specified—35(a) in clause (a) to the first proviso, the registration of the charge shall be made within six months from the date of commencement of the companies (amendment) act, 2018, on payment of such additional fees as may be prescribed and different fees may be prescribed for different classes of companies;(b) in clause (b) to the first proviso, the registrar may, on an application, allow such registration to be made within a further period of sixty days after payment of such ad valorem fees as may be prescribed"40amendment of section 869 section 86 of the principal act shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—"(2) if any person wilfully furnishes any false or incorrect information or knowingly suppresses any material information, required to be registered in accordance with the provisions of section 77, he shall be liable for action under section 447"10 for section 87 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 87"87 the central government on being satisfied that—5(a) the omission to give intimation to the registrar of the payment or satisfaction of a charge, within the time required under this chapter; or rectification by central government in register of charges(b) the omission or mis-statement of any particulars, in any filing previously made to the registrar with respect to any charge or modification thereof or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83,10 15was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company, it may, on the application of the company or any person interested and on such terms and conditions as it deems just and expedient, direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or mis-statement shall be rectified" 11 in section 90 of the principal act,—amendment of section 90(i) for sub-section (9), the following sub-section shall be substituted, namely:—20"(9) the company or the person aggrieved by the order of the tribunal may make an application to the tribunal for relaxation or lifting of the restrictions placed under sub-section (8), within a period of one year from the date of such order:25provided that if no such application has been filed within a period of one year from the date of the order under sub-section (8), such shares shall be transferred, without any restrictions, to the authority constituted under sub-section (5) of section 125, in such manner as may be prescribed"; (ii) in sub-section (10),—(a) after the word "punishable", the words "with imprisonment for a term which may extend to one year or" shall be inserted;30(b) after the words "ten lakh rupees", the words "or with both" shall be insertedamendment of section 9212 in section 92 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—35"(5) if any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of five lakh rupees"amendment of section 10213 in section 102 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—40 45"(5) without prejudice to the provisions of sub-section (4), if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is higher"amendment of section 10514 in section 105 of the principal act, in sub-section (3), for the words "punishable with fine which may extend to five thousand rupees", the words "liable to a penalty of five thousand rupees" shall be substitutedamendment of section 117515 in section 117 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—10"(2) if any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of twenty-five lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees"15amendment of section 12116 in section 121 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—20"(3) if the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees"2517 in section 137 of the principal act, in sub-section (3),—amendment of section 137(a) for the words "punishable with fine", the words "liable to a penalty" shall be substituted;30(b) for the portion beginning with "punishable with imprisonment", and ending with "five lakh rupees or with both", the words "shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees" shall be substitutedamendment of section 14018 in section 140 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—35"(3) if the auditor does not comply with the provisions of sub-section (2), he or it shall be liable to a penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor, whichever is less, and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees"40amendment of section 15719 in section 157 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—45"(2) if any company fails to furnish the director identification number under sub-section (1), such company shall be liable to a penalty of twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees, and every officer of the company who is in default shall be liable to a penalty of not less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees"20 for section 159 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1595penalty for default of certain provisions"159 if any individual or director of a company makes any default in complying with any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be liable to a penalty which may extend to fifty thousand rupees and where the default is a continuing one, with a further penalty which may extend to five hundred rupees for each day after the first during which such default continues"amendment of section 1641021 in section 164 of the principal act, in sub-section (1), after clause (h), the following clause shall be inserted, namely:—"(i) he has not complied with the provisions of sub-section (1) of section 165"amendment of section 1651522 in section 165 of the principal act, in sub-section (6), for the portion beginning with "punishable with fine" and ending with "contravention continues", the words "liable to a penalty of five thousand rupees for each day after the first during which such contravention continues" shall be substitutedamendment of section 19123 in section 191 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—"(5) if a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees"2024 in section 197 of the principal act,—amendment of section 197(a) sub-section (7) shall be omitted; (b) for sub-section (15), the following sub-section shall be substituted, namely:—25"(15) if any person makes any default in complying with the provisions of this section, he shall be liable to a penalty of one lakh rupees and where any default has been made by a company, the company shall be liable to a penalty of five lakh rupees"amendment of section 20325 in section 203 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—30"(5) if any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees"35amendment of section 23826 in section 238 of the principal act, in sub-section (3), for the words "punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees", the words "liable to a penalty of one lakh rupees" shall be substituted27 in section 248 of the principal act, in sub-section (1),—amendment of section 24840(a) in clause (c), for the word and figures "section 455,", the words and figures"section 455; or" shall be substituted;(b) after clause (c) and before the long line, the following clauses shall be inserted, namely:—45"(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10a; or(e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12"28 in section 441 of the principal act,—amendment of section 441(a) in sub-section (1), in clause (b), for the words "does not exceed five lakh rupees", the words "does not exceed twenty-five lakh rupees" shall be substituted;5(b) for sub-section (6), the following sub-section shall be substituted, namely:—2 of 197410"(6) notwithstanding anything contained in the code of criminal procedure, 1973, any offence which is punishable under this act with imprisonment only or with imprisonment and also with fine shall not be compoundable"amendment of section 446b29 in section 446b of the principal act, for the portion beginning with "punishable with fine" and ending with "specified in such sections", the words "liable to a penalty which shall not be more than one half of the penalty specified in such sections" shall be substitutedamendment of section 4471530 in section 447 of the principal act, in the second proviso, for the words "twenty lakh rupees", the words "fifty lakh rupees" shall be substituted31 in section 454 of the principal act,—amendment of section 454(i) for sub-section (3), the following sub-section shall be substituted, namely: —"(3) the adjudicating officer may, by an order—20(a) impose the penalty on the company, the officer who is in default,or any other person, as the case may be, stating therein any non-compliance or default under the relevant provisions of this act; and25(b) direct such company, or officer who is in default, or any otherperson, as the case may be, to rectify the default, wherever he considers fit";(ii) in sub-section (4), for the words "such company and the officer who is in default", the words "such company, the officer who is in default or any other person" shall be substituted;(iii) in sub-section (8),—30(a) in clause (i), for the words "does not pay the penalty imposed by theadjudicating officer or the regional director", the words, brackets and figures "fails to comply with the order made under sub-section (3) or sub-section (7), asthe case may be," shall be substituted;(b) in clause (ii)—35(i) for the words "where an officer of a company", the words "wherean officer of a company or any other person" shall be substituted;(ii) for the words "does not pay the penalty", the words, bracketsand figures "fails to comply with the order made under sub-section (3) or sub-section (7), as the case may be," shall be substituted4032 after section 454 of the principal act, the following section shall be inserted, namely:—insertion of new section 454a penalty for repeated default45"454a where a company or an officer of a company or any other person having already been subjected to penalty for default under any provisions of this act, again commits such default within a period of three years from the date of order imposing such penalty passed by the adjudicating officer or the regional director, as the case may be, it or he shall be liable for the second or subsequent defaults for an amount equal to twice the amount of penalty provided for such default under the relevant provisions of this act"ord 9 of 201833 (1) the companies (amendment) ordinance, 2018 is hereby repealedrepeal and savings5 18 of 2013(2) notwithstanding such repeal, anything done or any action taken under the companies act, 2013 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 the companies (amendment) act, 2018 statement of objects and reasonsthe companies act, 2013 (the act) was enacted with a view to consolidate and amend the law relating to companies the act introduced significant changes relating to disclosures to stakeholders, accountability of directors, auditors and key managerial personnel, investor protection and corporate governance2 in order to review the existing framework dealing with offences under the companies act, 2013 and related matters and make recommendations to promote better corporate compliance, the government of india constituted a committee in july, 2018 and the said committee, after taking the views of several stakeholders, submitted its report in august, 2018 the committee recommended that the existing rigour of the law should continue for serious offences, whereas the lapses that are essentially technical or procedural in nature may be shifted to in-house adjudication process the committee observed that this would serve the twin purposes of promoting of ease of doing business and better corporate compliance it would also reduce the number of prosecutions filed in the special courts which would in turn facilitate speedier disposal of serious offences and the offenders shall be penalised the liability under section 447 which deals with corporate fraud would continue to apply wherever fraud is noticed3 the recommendations made by the committee were examined by the government and it was noted that the changes in the companies act, 2013 suggested by the said committee would fill critical gaps in the corporate governance and compliance framework as enshrined in the said act while simultaneously extending greater ease of doing business to law abiding corporate4 as the parliament was not in session and immediate action was required to be taken, the companies (amendment) ordinance, 2018 was promulgated by the president on the 2nd day of november, 20185 the companies (amendment) bill, 2018 which seeks to replace the aforesaid ordinance, inter alia, provides—(i) to amend clause (41) of section 2 of the companies act, 2013 so as to empower the central government to allow certain companies to have a different financial year instead of as determined by the tribunal;(ii) to amend section 12 of the act empowering the registrar to initiate action for the removal of name of the company from register of companies, if the company is not carrying on any business or operation in accordance with the provisions of the act;(iii) to amend sixteen sections of the act so as to modify the punishment as provided in the said sections from fine to monetary penalties to lessen the burden upon the special courts; and(iv) to amend section 441 of the act so as to enhance the jurisdiction of the regional director for compounding of offences 6 the notes on clauses explain in detail the various provisions of the bill 7 the bill seeks to replace the aforesaid ordinancethe 12th december, 2018 notes on clausesclause 1 of the bill provides for the short title and commencement of the proposed legislationclause 2 of the bill seeks to amend clause (41) of section 2 of the companies act, 2013(the act) so as to enable the relevant companies to follow different financial year with the approval of the central government, instead of taking approval of the tribunalclause 3 of the bill seeks to insert a new section 10a relating to commencement of business etc, to provide that a company having a share capital shall not commence business or exercise any borrowing powers unless a declaration is filed with the registrar by a director that every subscriber to the memorandum has paid the value of shares and the company has filed with the registrar the verification of its registered office the said clause further provides that non-compliance with filing of declaration may result into action by registrar under chapter xviiiclause 4 of the bill seeks to insert a new sub-section (9) in section 12 of the act to provide that the registrar may cause a physical verification of the registered office of the company if he has reasonable cause to believe that company is not carrying on any business or operations as specified and to provide consequent action thereofclause 5 of the bill seeks to amend the second proviso to sub-section (1) of section 14of the act to provide that any alteration having the effect of conversion of a public company into a private company shall not be valid unless it is approved by an order of the central government on an application made in such form and manner as may be prescribed earlier this approval was obtained from the tribunalclause 6 of the bill seeks to amend sub-section (3) of section 53 of the act to provide for monetary penalty and refund of monies in case of failure to comply provision of that sectionclause 7 of the bill seeks to amend sub-section (2) of section 64 of the act to provide for monetary penalty for company and its officers in default in case of failure to comply with provision of such sectionclause 8 of the bill seeks to amend the first and second proviso of sub-section (1) of section 77 of the act to provide that the registrar may, on the application made by a company, allow registration of charge, in case of charges created before the commencement of the companies (amendment) act, 2018, within a period of three hundred days or charges created after the commencement of the said act within sixty days, on payment of additional fees the additional period within which the charges required to be registered is also providedclause 9 of the bill seeks to insert sub-section (2) in section 86 of the act to provide that any person who wilfully furnishes any false or incorrect information or knowingly suppresses any material information, required to be registered in accordance with the provisions of section 77, shall be liable for action under section 447clause 10 of the bill seeks to substitute section 87 of the act to empower the central government to extend time or allow rectification, if it is satisfied that omission to give intimation to the registrar of the payment or satisfaction of a charge, within the time required under chapter vi; or the omission or misstatement of any particulars, in any previous filing with respect to any such charge or modification thereof or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83 was accidental or was due to inadvertenceclause 11 of the bill seeks to amend sub-section (9) of section 90 of the act to provide that the company or the person aggrieved by the order of the tribunal may make an application to the tribunal for relaxation or lifting of the restrictions placed under sub-section (8), within a period of one year from the date of such order and if no such application is filed, such shares shall be transferred without any restrictions to investor education and protection fund authority the clause also seeks to amend the penal provision under sub-section (10) of section 90 of the actclause 12 of the bill seeks to amend sub-section (5) of section 92 of the act to provide that if any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to monetary penalty as specified in the provisionclause 13 of the bill seeks to amend sub-section (5) of section 102 of the act to provide that in case of any default made in complying with the provisions of such section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to monetary penalty as specified in the provisionclause 14 of the bill seeks to amend sub-section (3) of section 105 of the act to provide that for any default under sub-section (2) of said section, the officer in default shall be liable for monetary penalty as specified in sub-section (3)clause 15 of the bill seeks to amend sub-section (2) of section 117 of the act to provide that for failure in filing a copy of every resolution or an agreement as per sub-section (1) of said section, the company and its officer in default shall be liable for monetary penalty as specified in sub-section (2)clause 16 of the bill seeks to amend sub-section (3) of section 121 of the act to provide for liability to pay monetary penalty for not filing with the registrar a copy of report within the stipulated period as per sub-section (2) of said sectionclause 17 of the bill seeks to amend sub-section (3) of section 137 of the act to provide for payment of monetary penalty in case of failure to file a copy of financial statements with the registrarclause 18 of the bill seeks to amend sub-section (3) of section 140 of the act to provide for payment of monetary penalty of fifty thousand rupees or an amount equal to the remuneration whichever is less and further penalty for continuous faliure, if the auditor does not comply with sub-section (2) of said sectionclause 19 of the bill seeks to amend sub-section (2) of section 157 of the act to provide for payment of monetary penalty in case there is failure to furnish director identification number pursuant to sub-section (1) of said sectionclause 20 of the bill seeks to amend section 159 of the act to provide for payment of monetary penalty if any individual or director of a company makes default in complying with sections 152, 155 and 156 of the actclause 21 of the bill seeks to insert clause (i) in sub-section (1) of section 164 of the act to provide disqualification to become a director if an individual has not complied with the provisions of sub-section (1) of section 165 of the actclause 22 of the bill seeks to amend sub-section (6) of section 165 of the act to provide for payment of monetary penalty in case a person accepts an appointment as a director in contravention of sub-section (1) of said sectionclause 23 of the bill seeks to amend sub-section (5) of section 191 of the act to provide for payment of monetary penalty if a director makes default in complying with such sectionclause 24 of the bill seeks to omit sub-section (7) and to amend sub-section (15) of section 197 of the act to provide for payment of monetary penalty by any person or the company in case of defaultclause 25 of the bill seeks to amend sub-section (5) of section 203 of the act to provide for payment of monetary penalty by any company and director and key managerial personnel who is in default in complying with said sectionclause 26 of the bill seeks to amend sub-section (3) of section 238 of the act to provide for payment of monetary penalty for the director who issues a circular which has not been presented for registration and registered as per sub-section (1) of said sectionclause 27 of the bill seeks to amend sub-section (1) of section 248 of the act to insert new clauses (d) and (e) to provide that in case the subscribers to the memorandum have not paid the subscription which they had undertaken to pay and declaration under section 10a has not been filed or where the company is not carrying on any business or operation as revealed after the physical verification, the registrar shall send notice to such companies and its directors informing them of his intention to remove the name of the company from the register of companiesclause 28 of the bill seeks to amend clause (b) of sub-section (1) of section 441 of the act to increase the threshold of maximum amount of fine that does not exceed twenty-five lakh rupees for compounding by the regional directorsclause 29 of the bill seeks to amend section 446b of the act to provide for payment of reduced amount of monetary penalty in case of default by one person company or small companiesclause 30 of the bill seeks to amend section 447 of the act to enhance the amount of fine from "twenty lakh rupees" to "fifty lakh rupees"clause 31 of the bill seeks to amend sub-sections (3) and (8) of section 454 of the act to provide that adjudicating officer may also direct the company or officer in default or other person to rectify default, wherever he considers fitclause 32 of the bill seeks to insert a new section 454a relating to monetary penalty for repeated default, which is twice the amount of penalty provided for such defaults under the relevant provisions of this actclause 33 of the bill seeks to repeal the companies (amendment) ordinance, 2018 and to save the actions done during the course of the period of ordinance financial memorandumthe provisions of the companies (amendment) bill, 2018 will not involve any expenditure of recurring or non-recurring nature, on its enactment memorandum regarding delegated legislationsub-clause (a) of clause 2 of the bill confers power upon the central government to prescribe, under first proviso to clause (41) of section 2 of the act, the form and manner in which application shall be made by the relevant company or body corporate to the central government to allow any period as financial yearclause 3 empowers the central government to prescribe, under clause (a) of sub-section (1) of section 10 a, the form and manner in which a declaration is to be filed and verified by a director to the effect that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making such declarationclause 4 empowers the central government to prescribe, under sub-section (9) of section 12 of the act, the manner in which the registrar may cause a physical verification of the registered office of the company if he has reasonable cause to believe that the company is not carrying on any business or operationsclause 5 empowers the central government to prescribe, under the second proviso to sub-section (1) of section 14 of the act, the form and manner in which an application is to be made to the central government for seeking its approval for any alteration of articles having the effect of conversion of a public company into a private companyclause 8 empowers the central government to prescribe, under sub-section (1) of section 77 of the act, (a) the additional fees which a company shall pay while making an application to the registrar for registration of charge after the expiry of original period of filing; (b) additional fees and different fees for different class of companies; and the ad valorem feesclause 11 empowers the central government, under proviso to sub-section (9) of section 90 of the act, to prescribe the manner in which the shares shall be transferred to the authority constituted under sub-section (5) of section 125 of the act, if no application has been filed within a period of one year from the date of the order referred to in sub-section (8)the matters in respect of which the said rules may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the companies act, 2013 (18 of 2013) definitions2 in this act, unless the context otherwise requires,— (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of march every year, and where it has been incorporated on or after the 1st day of january of a year, the period ending on the 31st day of march of the following year, in respect whereof financial statement of the company or body corporate is made up:provided that on an application made by a company or body corporate, which is a holding company or a subsidiary of a company incorporated outside india and is required to follow a different financial year for consolidation of its accounts outside india, the tribunal may, if it is satisfied, allow any period as its financial year, whether or not that period is a year:provided further that a company or body corporate, existing on the commencement of this act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; alteration of articles14 (1) subject to the provisions of this act and the conditions contained in its memorandum, if any, a company may, by a special resolution, alter its articles including alterations having the effect of conversion of—(a) a private company into a public company; or (b) a public company into a private company:provided that where a company being a private company alters its articles in such a manner that they no longer include the restrictions and limitations which are required to be included in the articles of a private company under this act, the company shall, as from the date of such alteration, cease to be a private company:provided further that any alteration having the effect of conversion of a public company into a private company shall not take effect except with the approval of the tribunal which shall make such order as it may deem fit(2) every alteration of the articles under this section and a copy of the order of the tribunal approving the alteration as per sub-section (1) shall be filed with the registrar, together with a printed copy of the altered articles, within a period of fifteen days in such manner as may be prescribed, who shall register the same | 53 ||-----------------|| prohibition on || issue of shares || at discount |(3) where a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both| | | | | | | | ||----------------|----|----|------|------|------|------|-----|| 64 | ( | 1 | ) | | | | || notice to be | | | | | | | || given to | | | | | | | || registrar for | | | | | | | || alteration of | | | | | | | || share capital | | | | | | | |(2) if a company and any officer of the company who is in default contravenes the provisions of sub-section (1), it or he shall be punishable with fine which may extend to one thousand rupees for each day during which such default continues, or five lakh rupees, whichever is less| | | | | ||------|------|------|------|-----| chapter vi registration of chargesduty to register charges, etc77 (1) it shall be the duty of every company creating a charge within or outside india, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in or outside india, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, if any, creating such charge in such form, on payment of such fees and in such manner as may be prescribed, with the registrar within thirty days of its creation:provided that the registrar may, on an application by the company, allow such registration to be made within a period of three hundred days of such creation on payment of such additional fees as may be prescribed:provided further that if registration is not made within a period of three hundred days of such creation, the company shall seek extension of time in accordance with section 87:provided also that any subsequent registration of a charge shall not prejudice any right acquired in respect of any property before the charge is actually registered| ||----------------|| punishment for || contravention |86 if any company contravenes any provision of this chapter, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both87 (1) the central government on being satisfied that—rectification by central government in register of charges(i) (a) the omission to file with the registrar the particulars of any charge created by a company or any charge subject to which any property has been acquired by a company or any modification of such charge; or(b) the omission to register any charge within the time required under this chapter or the omission to give intimation to the registrar of the payment or the satisfaction of a charge, within the time required under this chapter; or(c) the omission or mis-statement of any particular with respect to any such charge or modification or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83, was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company; or(ii) on any other grounds, it is just and equitable to grant relief, it may on the application of the company or any person interested and on such terms and conditions as it may seem to the central government just and expedient, direct that the time for the filing of the particulars or for the registration of the charge or for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or mis-statement shall be rectified(2) where the central government extends the time for the registration of a charge, the order shall not prejudice any rights acquired in respect of the property concerned before the charge is actually registered 90 (1) register of significant beneficial owners in a company(9) the company or the person aggrieved by the order of the tribunal may make an application to the tribunal for relaxation or lifting of the restrictions placed under sub-section (8)(10) if any person fails to make a declaration as required under sub-section (1), he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues annual return92 (1) (5) if a company fails to file its annual return under sub-section (4), before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakhs rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both 102 (1) statement to be annexed to notice(5) if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel who is in default shall be punishable with fine which may extend to fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is more proxies105 (1) (3) if default is made in complying with sub-section (2), every officer of the company who is in default shall be punishable with fine which may extend to five thousand rupees 117 (1) resolutions and agreements to be filed(2) if a company fails to file the resolution or the agreement under sub-section (1)before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default, including liquidator of the company, if any, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees | 137 ||---------------|| copy of || financial || statement to || be filed with || registrar |(3) if a company fails to file the copy of the financial statements under sub-section (1)or sub-section (2), as the case may be, before the expiry of the period specified in section 403, the company shall be punishable with fine of one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees, and the managing director and the chief financial officer of the company, if any, and, in the absence of the managing director and the chief financial officer, any other director who is charged by the board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both| | | | | | | | ||-----------------|----|----|------|------|------|------|-----|| 140 | ( | 1 | ) | | | | || removal, | | | | | | | || resignation of | | | | | | | || auditor and | | | | | | | || giving of | | | | | | | || special notice | | | | | | | |(3) if the auditor does not comply with sub-section (2), he or it shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees| | | | | | | | ||----------------|----|----|------|------|------|------|-----|| 157 | ( | 1 | ) | | | | || company to | | | | | | | || inform | | | | | | | || director | | | | | | | || identification | | | | | | | || number to | | | | | | | || registrar | | | | | | | |(2) if a company fails to furnish director identification number under sub-section (1), before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees| ||----------------|| punishment for || contravention |159 if any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continues 165 (1) number of directorships(6) if a person accepts an appointment as a director in contravention of sub-section (1), he shall be punishable with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees for every day after the first during which the contravention continues [10] m c191 (1) (5) if a director of the company contravenes the provisions of this section, such director shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees payment to director for loss of office, etc, in connection with transfer of undertaking, property or shares197 (1) (7) notwithstanding anything contained in any other provision of this act but subject to the provisions of this section, an independent director shall not be entitled to any stock option and may receive remuneration by way of fees provided under sub-section (5), reimbursement of expenses for participation in the board and other meetings and profit related commission as may be approved by the members| ||----------------|| overall || maximum || managerial || remuneration || and managerial || remuneration || in case of || absence or || inadequacy of || profits |(15) if any person contravenes the provisions of this section, he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees 203 (1) appointment of key managerial personnel(5) if a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every director and key managerial personnel of the company who is in default shall be punishable with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues 238 (1) (3) the director who issues a circular which has not been presented for registration and registered under clause (c) of sub-section (1), shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupeesregistration of offer of schemes involving transfer of shares 248 (1) (c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455,power of registrar to remove name of company from register of companieshe shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice 441 (1) compounding of certain offences(b) where the maximum amount of fine which may be imposed for such offence does not exceed five lakh rupees, by the regional director or any officer authorised by the central government, on payment or credit, by the company or, as the case may be, the officer, to the central government of such sum as that tribunal or the regional director or any officer authorised by the central government, as the case may be, may specify:provided that the sum so specified shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded:provided further that in specifying the sum required to be paid or credited for the compounding of an offence under this sub-section, the sum, if any, paid by way of additional fee under sub-section (2) of section 403 shall be taken into account:provided also that any offence covered under this sub-section by any company or its officer shall not be compounded if the investigation against such company has been initiated or is pending under this act 2 of 1974(6) notwithstanding anything contained in the code of criminal procedure, 1973,—(a) any offence which is punishable under this act, with imprisonment or fine, or with imprisonment or fine or with both, shall be compoundable with the permission of the special court, in accordance with the procedure laid down in that act for compounding of offences;(b) any offence which is punishable under this act with imprisonment only or with imprisonment and also with fine shall not be compoundable lesser penalties for one person companies or small companies446b notwithstanding anything contained in this act, if a one person company or a small company fails to comply with the provisions of sub-section (5) of section 92, sub-section (2) of section 117 or sub-section (3) of section 137, such company and officer in default of such company shall be punishable with fine or imprisonment or fine and imprisonment, as the case may be, which shall not be more than one-half of the fine or imprisonment or fine and imprisonment, as the case may be, of the minimum or maximum fine or imprisonment or fine and imprisonment, as the case may be, specified in such sections" chapter xxix miscellaneous447 punishment for fraud"provided further that where the fraud involves an amount less than ten lakh rupees or one per cent of the turnover of the company, whichever is lower, and does not involve public interest, any person guilty of such fraud shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to twenty lakh rupees or with both" 454 (1) adjudication of penalties(3) the adjudicating officer may, by an order impose the penalty on the company and the officer who is in default stating any non-compliance or default under the relevant provision of the act(4) the adjudicating officer shall, before imposing any penalty, give a reasonable opportunity of being heard to such company and the officer who is in default (8) (i) where company does not pay the penalty imposed by the adjudicating officer or the regional director within a period of ninety days from the date of the receipt of the copy of the order, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees(ii) where an officer of a company who is in default does not pay the penalty within a period of ninety days from the date of the receipt of the copy of the order, such officer shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both ———— a billfurther to amend the companies act, 2013————mgipmrnd—2463ls—14122018

Parliament_bills

96d57fd5-9ad8-5465-abab-69caf2821c3d

bill no 269 of 2015 the rainwater (mandatory harvesting and collection) bill, 2015 by shri jagdambika pal, mp a billto provide for compulsory harvesting of rainwater in every residential, commercial establishment and government building in order to make contribution to the conservation of water and recharge of groundwater and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—(2) it extends to the union territories only (3) it shall come into force on such date, not later than one year from the coming into force of this act, as central government may, by notification in the official gazette, appointdeclaration52 it is hereby declared that it is expedient in public interest that the union government shall undertake adequate measures to harvest rainwater in the country for the purpose of water conservation and preservation of the existing water bodies from exploitationdefinitions3 in this act, unless the context otherwise requires:—10(a) "commercial establishment" means any building which is being used as an office or factory or for any other commercial purposes in connection with any trade or business;(b) "government" means the central government or the union territory administration, as the case may be;15(c) "government building" means any building occupied or being used by any or all government departments, ministries and includes the offices of public sector enterprises, statutory bodies or bodies owned and administered by the government and autonomous bodies, bodies of local self-government and residential areas of government employees provided by the government;(d) "groundwater recharge" means recharging of open wells or underground water, as the case may be, by various means by use of rainwater;20(e) "household" means a dwelling unit of any description; (f) "prescribed" means prescribed by rules made under this act; and (g) "rainwater harvesting" means collection and storage of rainwater from rooftop of a building or other parts of a building from which water can be collected or from a vacant land for use or for the purpose of groundwater recharge254 it shall be the duty of the government to ensure and implement such measures, as it may deem necessary and appropriate, to harvest rainwater in government buildings within such time as may be prescribedcompulsory rainwater harvesting in government buildings30compulsory rainwater harvesting by households and residential establishments5 (1) every owner or occupier of an independent household building having sital area of not less than 2400 square feet or every owner who proposes to construct an independent household building on a sital area of not less than 1200 square feet shall adopt such measures to provide rainwater harvesting structures for storage for use of harvested water or for groundwater recharge35(2) every developer and builder of residential apartment complexes, irrespective of sital area or number of apartments proposed to be built, shall adopt such measures to provide rainwater harvesting structures for storage for the use of harvested water within the apartment complex premises for purposes such as garden, flushing of toilets or for groundwater recharge(3) the responsibility to ensure compliance of the provisions of sub-section (2) shall lie with the developer or builder of the proposed apartment complex40(4) every existing residential apartment complex which, on the date of commencement of this act, does not have rainwater harvesting structures in place shall adopt such measures to provide rainwater harvesting structures for storage for the use of harvested water within the apartment complex premises for purposes such as garden, flushing of toilets or for groundwater recharge45(5) the responsibility to ensure compliance of the provisions of sub-section (4) shall lie with the association(s) of residents formed from within the residents and owners of the apartments in the said apartment complexexplanation—for the purposes of this section:—(a) "association of residents" means a group of people representing the interest of the complex in its entirety, either elected by residents and owners or chosen by a process mutually agreed upon by the owners and residents of the said complex;5(b) "builder" and "developer" means the company or individual or group ofindividuals responsible for the planning and construction of the apartment project including getting necessary approvals from government authorities and agencies for the project until its completion;10(c) "independent household building" means a single unit of dwelling on a siteof land including villas and houses; and(d) "residential apartment complex" includes multiple units of dwelling on a single site of land, irrespective of size and number of flats or number of people residing in these flats or buildings156 (1) every commercial establishment shall adopt such measures to provide rainwater harvesting structures for storage for use of harvested water within the apartment complex premises for purposes such as garden use, flushing of toilets, or for groundwater rechargecompulsory rainwater harvesting by commercial establishment(2) the responsibility to ensure compliance of the provisions of sub-section (1) shall lie on the person, by whatever name called, who is primarily responsible for the affairs of that establishment in the concerned premises of the establishment207 (1) the government shall take such measures, as it may deem appropriate, to educateand spread awareness among its own departments and ministries, and the people about the benefits and importance of rainwater harvestingaction plan to educate the masses about rainwater harvesting25(2) the government shall take such measures, as it may deem necessary, to provideany or all kinds of assistance through advertisements and online portals to people or groups of people installing rainwater harvesting structures in their buildings(3) for the purpose of sub-sections (1) and (2), the government shall also associate non-governmental organisations and other such agencies or institutions working in this area and with relevant experience in such manner as may be prescribedpunishment308 any person or group of persons violating the provisions of this act shall be punished with simple imprisonment for a term which may extend to two years or with a fine which may extend to rupees two 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 force3510 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 lawspower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act40 45(2) every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or 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 reasonswater shortage is being seen as one of the major challenge in the coming years, rainwater harvesting is more relevant today than it has been in the past a majority of the rainwater goes uncollected and runs-off into drains or rivers throughout the country by collecting even a small part of the total rainfall received by us, the scale of the problem of water scarcity and shortage can be brought down, if not eliminatedrainwater harvesting is already practiced in dry and desert areas where rainfall is collected and stored for later use this practice, which is being practiced for decades in areas of rajasthan, needs to be replicated throughout the countryharvesting rainwater for storage forms one part of the larger problem involving waterin our country, groundwater resources have been used for all kinds of purposes from agriculture through tube wells in farm areas to cities where groundwater is increasingly being used as the primary water source however, unregulated usage of groundwater has led to massive exploitation of this resource there are some areas where groundwater recharge through rainwater is one of the many solutions to this problem and perhaps one of the easiest solutionshence this billnew delhi;jagdambika palnovember 17, 2015 financial memorandumclause 7 of the bill provides for the government to spread awareness among people and its employees about the importance of rainwater harvesting the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one hundred crore is likely to be involved as recurring expenditure per annuma non-recurring expenditure of rupees one thousand crore is also likely to be involved———— a billto provide for compulsory harvesting of rainwater in every residential, commercial establishment and government building in order to make contribution to the conservation of water and recharge of groundwater and for matters connected therewith or incidental thereto————(shri jagdambika pal, mp)

Parliament_bills

87a761c9-94b2-53ca-8391-9e07fdf3ff78

corri gknduh tothe dellii development (amendhent) bill, 1983 (to be/as introduced in lok sabha) page 2, line 16,-before "in any case" insert "or w'i~h both " , new deihl; au~st a" 1983 < bhara 3, 1905 (sara) bill no 103 of 1983 tbj: delhi development (amendment) bill, 1983a bill further to' ameud the delhi development act, 1957 be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 (1) this act may be called the delhi development (amendment) act, 1983 ' short 'title and commen cement (2) it shall come into force on such date as the central government 5 may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act 2 in section 5 of the delhi development act, 1957 (hereinafter refer-amend red to as the principal act), in sub-section (2), for clause (e), the ment of 61 of 1957 10 following clauses shall be substituted, namely:-section 5 "(e) two persons representing the delhi electric supply committee and the delhi' water supply and sewage disposal committee of the said corporation, oi whom-(i) one shall be elected by the members of the delhi electric supply committee from among themselves; and 15 (ii) one shall be elected by the members of the delhi watet supply and sewage disposal committee from among themselves; amendment of section 29 (ee) one representative of the delhi transport corporation to be nominated by the central government;" 3 in section 29 of the prineipal act in sub-section (1), for the words "shall be punishdble with fine which may extend to ten thousand rupees and in the case of a continuing offence, with further 5 fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence", the following shall he substituted, namely:-"shall be punishable-(a) with rigorous imprisonment which may extend to 10 three years, if such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a layout plan; and (h) with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, r 5 in any case, other than those referred to in clause (a) " 4 in section 30 of the principal act,-(a) sub-sed ion (2) shall be omitted; amendment of section 30 (b) in sub-section (3), for the words, brackets and figure "the chairman or the central government on the appeal and subject only 110 to such decision the order under sub-section (j) or, as the case may be,", the words "the ceptral government on the appeal and subject only to such decision" sl1all be substituted 5 in section 31 of the principal act,-amendment of section al (0) in sub-section (2), after the words "place of development", q5 the words "or tl) seize <lny construction material, tool, machinery, scaffolding or other thing!; used in such' development" shall be inserted; (b) after sub-section (2), the following sub-sections shall be inserted namely: -30 "(2a) any of the things caused to be seized by the authority or the officer of the authority or the competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to take back such things and pays to the authority the officer of the authority or the competent 35 authority, as the case may be, the charges for the r,emoval or storage of such things, be disposed of by it or him by public auction or in s'uch other manner and within such time as the authority, the officer of the authority or the competent authority thinks fit 40 (2b) the charges for the removal and storage of the things sold under sub-section (2a) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim 45 is made within the said period, shall be credited to the fund of the authority or the competent authority as the case may b " , e ; (c) sub-section (7) shall be omitted c after section 31 of the principal act, the following sections shalt be inse~ed, namely:-insertion of new seqtions 31a, 31b, 31c, 3id and 31e 5 power to seal unauthorised develop ment '3ia (1) it shall be lawful for the authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 30 or section 31, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nat'tre and extent of such development 10 (2) where any development has been sealed the authority or the competent authority as the case may be, may, for the purpose of removing or discontinuing such de'!elopment order the seal to be removed (1) no person shall remove such seal except-(a) under, an order made by the authority or the competent authority under ~uh-section (2); or (b) under an order of the appellate tribunal or the administrator of the union territory of delhi made in an appeal under this act 20 66 of 1957 31b the appellatr- trihunal or appellate tribunals constituted appellate under section 347a of the delhi municipal corporation act, 1957, tribunal shall be deemed to be the appellate tribunal or appellate tribunals for deciding appeals 'imder section 31c, and the provisions of section 347a and section 347c of the delhi municipal corporation act, 1957, and the rules made thereunder, shall so far as may be, apply for the purposes of this act as they apply for the purposes of that act 31c (1) any person aggrieved by any of the following orders appeals made under this act, may prefer an appeal to the appellate tribunal, namely:-30 (a) an order of the authority granting or refusing to grant pennission for development under sub-section (3) of section 13; (b) an order of the authority or the local authority disposing of any land under section 21; 35 (c) an order of an officer of the authority or the competent authority made under sub-section (1) of section 30, for the removal of any development; (d) an order of the authority or an officer of the authority, or the competent authority made under sub-section (1) of section 31, for dl~continljing any development; (e) an order of the authority or the competent authority made under section 31a, directing the sealing of any develop· ment (2) an appeal under this section shall be filed within thirty days from the date of the order appealed against:_ provided that the appellate tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period 5 (3) an appeal to the appellate tribunal shall be made in such :corm and shall be accompanied by a copy of the order appealed against and by s'u,ch fees as may be prescribed by rules 31d (1) an appeal shall lie to the administrator of the union territory of delhi against an order of the appellate tribunal, 10 confirming, modifying or annulling an order of the authority, officer of the authority, local authority or competent authority as the case may be under this act appeals against orders of appellate tribunal (2) the provisions of sub-sections (2) and (3) of section 31c and the provisions of section 347c of the delhi municipal corporation 15 act, 195-7 and the rules made thereunder, shall, so far as may be b6 of 195~ apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appenl under the said section 31c (1) an order of the, administrator on an appeal under this sec- 20 tion, a~d subject only to such order an order of the appellate tribunal under section 3lc and subject to such orders of the administrator or an appellate tribunal, an order of the authority, officer of the authority local authority or competent authority appealable under this act shall be final 25 explanation-in sections 30, 31, 3la and 3ld, "competent authority" in relation to a local authority means any authority or officer of that ,local authority empowered or authorised to order demolition or stoppage of buildings or works, in accordance with the provisions made by or under the law governing such local 3 authority 0 bar of jurisdiction of courts :lie (1) after the commencement of section 6 of the delhi development (amendment) act, 1983 no court shall entertain any suit, application of other proceedings in respect of any order appealable under section 3lc, and no such order shall be called in question 35 otherwise than by preferring an appeal 'under that section (4) notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of section 6 of the delhi development (amendment) act, ]983, in respect of any order, 40 appealable under section 3le shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force' 2 of 1974 7 after section 34 of the principal act, the following section shall insertion be inserted, namely:-of new section 34a "34a the code of criminal procedure, 1973, shall apply to an offence under sub-section (1) of section 29 as if it were a cognizable offence,-5 certain offences to be cogn!-zable (i) for the purposes of investigation of such offence, and (ii) for the purposes of all matters other than-(1) matters referred ,to in section 42 of that code, and 10 (2) arrest of a person except on the complaint of, or upon information received from:-(a) such officer of the authdrity not below the rank of a director as may be appointed by the administrator of the union territory of delhi, if the offence is committed in relation to a development area; (b) such officer of the municipal corporation of delhi not below the rank of a deputy commissioner as may be appointed by the administrator of the union territory of delhi, if the offence is committed in relation to any area within the local limits of that corporation; or (c) the secretary, new delhi municipal committee, if the offence is committed in relation to any area within the local limits of that committee: provided that no offence which relates to any deviation from the permission, approval or sanction given under section 12 and which could be compounded under the provisions of this act, shall be cognizable:' 8 in section 48 of the principal act, for the words "magistrate of amend-3~ the first class", the words "metropolitan magistrate" shall be substiment of tuted; section 48 2 of 1974 9 in section 50 of the principal act, for the portion beginning with i\mendthe word and figures "section 32" and ending with th(' words "first ment of class", the words and figures "section 29 of the code of criminal prosection 50 cedure, 1973, it shall be lawful for any court of a metropolitan magis-35 trate" shall be substituted 10 in section 52 of the principal act, in sub-section (3), after the amendwords "under this act", the words ie, except the power to hear appeals," mcnt or shall be inserted section 52 11 in sub-section (2) of section 56 of the principal act, after clause amend-(jjj) , the following clauses shall be inserted, namely:-ment of "(ja) the manner in which the sealing' of any development section 56, under sub-section (1) of section 31a shall be made; 45 (jb) the form in which an appeal shajl be made to the appellate tribunal under sub-section (3) of section' 3lc and the fees that shall accompany such appeal;", statement of objects and reasonsthe delhi development act, 1957, provides for the constitution of the delhi development authority for the purposes of development of delhi according to plan and for preventing haphazard growth of colonies and townships in delhi for achieving the objects for wh~ch the authority had been constituted, the authority had been makmg civic sur~ys of delhi and preparing master plans and zonal development plans for the development of land in the union territory of delhi however, owing to unexpected increase in the population of delhi in recent years, there had been a near scramble for occupying vacant land unauthorisedly and to develop them into colonies in contravention of the master plan or the zonal development plans prepared by the authority as a result of this, growth of unauthorised colonies, encroachment on public streets and unauthorised constructions on public and private land have assumed alarming proportions the authority and other local authorities exercising jurisdiction in the union territory of delhi have no~ been able to effectively prevent these activities because of person's taking recourse to legal proceedings and obtaining ex parte stay orders from civil courts these stay orders remain operative for years till the final settlement of legal proceedings with the result that the object of achieving the planned growth of delhi is being defeated further, prosecutions for such unauthorised development and use of land have also not proved effective because of imposition of meagre fines by courts in order, therefore, to enable the authority to effectively curb these activities and to' ensure the development t>f land in accordance with the plans, it is proposed to amend the act 2 the bill, therefore, provides, among other things, for the following changes in the act, namely:-(i) at present the authority has power to make orders for the removal or discontinuance of any unauthorised de~lopment it is proposed to give ¢e authority the power to seal any unauthorised development either before or after making such orders for removal' or discontinuance the' sealing of any unauthorised development in pursuance of an order made by the authority can be removed only by the authority for the purpose of removing or discontinuing such development, or in pursuance of any order made by the appellate tribunai or the administrator of the union territory of delhi in any appeal made under the provisions of the act ' (ii) it is proposed to provide for appeals against the orders of the authority or local authority under the provisions of the act to an appellate tribuna] the appellate tribunal or the appellate tribunals p~op()sed la be constituted under the provisions of the delhi mumci~al corpo~~t~on act, 1957, would be deemed to be the appellate tribunal or i f1bunals for the purposes of hearing appeals under this act also a further appeal agaij;lst the orders of the appellate tribunal would lie to the administrator of the union territory of delhi the orders made by the appellate tribunal or the administrator of the union territory, as the case may be, on such appeals will be final and no civil court shall have any jurisdiction to entertain any proceedings in respect of orders made under the act for which appeals shall lie to the appellate tribunal the provisions of the delhi municipal corporation act 1957, and the rules made thereunder regardipg the procedure to be' followed by the appel1ate tribunals in respect of hearing appeals under that act are being made applicable to the appellate tribunal while hearing appeals under tht-act, which will include the prohibition of giving any ex parte ~tay of orders made by the authority or local authority (iii) it is proposed to change the penalty of fine now specified for offences under the act to include imprisonment also and to make some of the offences cognizable (iv) opportunity is being availed of to make certain other changes of a consequential and minor nature 3 the bill 'seeks to achieve the above objects new delhi; buta singh the 16th august, 1983 memorandum regarding delegated legislationclause 11 of the bill seeks to insert two new clauses in sub-section (2) of section 56 of the delhi development act, 1957, so as to enable the central government to make rules in respect ofc~rtain matters provided in the bill these matters, inter alia, relate to the manner in which the sealing of any development under sub-section (1) of new section 3ta shall be made, the form in which an appeal shall be made to the appellate tribunal under sub-section (3) of new section 31c and the fees that shall accompany such appeal 2 the matters with respect to which rules may be made under the ftforesaid provisions are matters of procedure or detail the delegation of legislative power is, therefore, normal in character - - d (1) - - - advisory council (2) the advisory council shall consist of the following members, namely:- (e) three persons representing the delhi electric supply committee, the delhi transport committee and the de1hi water supply and sewage disposal committee of the said corporation, of whom-- (i) one shall be elected by the members of the dellli electric supply committee from among themselves; (ii) one shall be elected by th~ members of th~ de!hi transport committee fr,)m among themselves; and (iii) one shall be elected by the members of the delhi water supply and sewage disposal committee from among themselves; - 29 (1) any person who whether at his own instance or at the instance penalties of any other person or any body (including a department of government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 ol" in contravention of any condition subject to which s:1ch ,ermissio'n, approval or sanction has been gpanted, shall be pun!shable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further fine which may extend to five hundred rupees for every day during which such offence cont'nues after conviction for the first commission of the offence - order of demolition of building 30 (1) - - - (2) any person aggrieved by an order under sub-section (1) may appeal to the chairman of 'he authority against that order within thirty days from the date thereof; and the chairman may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order - - - - (3) the decision of the chairman or the central gove-nment on the app'!al and subject only to such decision the order under sub-section (/) or, as the case may be, the direction under sub-section (la), shall be final and shall not be questioned in any court - - :11 (1) - - power to stopdevelopmcnt (2) where such development is not discontinued in pursuance of the order under sub-section (1) the a'1thority or the officer of the authcrity or the competent lluthority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development within such time as may be specified in the requisition and :ouch police officer shall comply with the requisition accordingly, , - (7) in section 30 nnd in this section, "compet~nt authority" in relation to a local authority means any authority or officer of that local authority empowered or authorised to order demolition or stoppage of buildings or works, in accordance with the provisions made by or under - the law governing such local authori~y, - jurisdiction of courts 48, no c01p"t inferior to that of a magi~trate of th~ first class shall try an offence punishable under this act, - - - - 5 of 1891 so 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 this act in exc~ss of its powers under the said section magistrate's power to impose enhanced penalties - - - - 52 (1) - - power to delegate (3) the administrator of the union territory of delhi may by notification in the official gazette, direct that any power exercisable by him under this act may also be exercised by such officer as may be menticned therein, in such cases and subject to such conditions, if any, as may be specified therein - - - - a bill further to amend tbe delhi development act, 1957 (shri buta singh, minister of parliamentary affairs, sports and works and housing)

Parliament_bills

4af90967-c9c3-5f47-9ea8-e5fb0f2d0c39

bill no liii of 2010 the fruit and vegetable board bill, 2010 a billto provide for measures for the development, storage and marketing of fruits and vegetables and their products and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the fruit and vegetable board act, 2010 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and for different states or different parts thereof2 it is hereby declared that it is expedient in the public interest that the union should take under its control the fruit and vegetable industrydeclaration as to expediency of control by the uniondefinitions3 in this act, unless the content otherwise requires,—(a) "board" means the fruit and vegetable board established under section 4; (b) "dealer" means a dealer in fruits and vegetables; (c) "executive director" means the executive director appointed under section 6; (d) "export" and "import" mean, respectively, taking out of and brining into indiaby land, sea or air;(e) "government" means the central government; (f) "member" means a member of the board and includes the chairman; (g) "prescribed" means prescribed by rules made under this act(h) "secretary" means the secretary appointed under sub-clause 2 of clause 6; (i) "chairman" means the chairman appointed under sub-clause 4(a) of clause 4; (j) "vice-chairman" means the vice-chairman elected under sub-clasue 5 ofclause 44 (1) with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act, a board to be called the fruit and vegetable boardestablishment of the fruit and vegetable 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 head office of the board shall be at new delhi and the board may, with the previous approval of the government, establish offices or agencies at other places in or outside indiaconstitution of the fruit and vegetable board(4) the board shall consist of the following members, namely:—(a) a chairman to be appointed from amongst the fruit and vegetable growers by the government in such manner as may be prescribed;(b) three members of parliament, of whom two shall be nominated by the speaker of the house of the people and one by the chairman of the council of states;(c) five members to be appointed by the government to represent respectively:—(i) the ministry of the central government dealing with agriculture; (ii) the ministry of the central government dealing with commerce; (iii) the ministry of the central government dealing with finance; (iv) the ministry of the central government dealing with industrialdevelopment; and(v) the indian council of agricultural research;(d) four members to be appointed by the government from amongst the growers of fruits;(e) four members to be appointed by the government from amongst the growers of vegetables; and(f) two members to be appointed by the government from amongst the dealers and exporters of fruits and vegetables (5) the board shall elect, from amongst its members, a vice-chairman who shall exercise such of the powers and perform such of the functions as may be prescribed and as may be delegated to him by the chairman(6) the term of office of the members and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed(7) the executive director and any such officer of the government (not being a member of the board), as is deputed by the government in this behalf, shall have the right to attend the meetings of the board and take part in the proceedings thereof but shall not have the right to vote(8) the board may associate with itself in such manner and for such purposes, as may be prescribed, any person whose assistance or advice it may require in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes for which he has been associated, but shall not have the right to vote5 the chairman shall be entitled to such salary and allowances and such conditions of service as may, from time to time be determined by the governmentsalary and allowances and other conditions of service of chairman6 (1) the government shall appoint an executive director to exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the chairmanappointment of executive director, secretary etc(2) the government shall appoint a secretary to the board to exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the chairman(3) the executive director and the secretary shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund, and other matters as may, from time to time, be determined by the government(4) subject to such control, restrictions and conditions as may be prescribed, the board may appoint such other officers and employees as may be necessary for the efficient performance of its functions(5) the chairman, the executive director, the secretary and other officers and employees of the board shall not undertake any work not connected with their duties under this act except with the prior permission of the governmentcommittees of the board7 (1) the board may appoint such committees as may be necessary for the efficient discharge of the 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 persons co-opted shall have the right to attend the meetings of the committee and take part in the proceedings of the committee but shall not have the right to votefunctions of the board 8 (1) it shall be the duty of the board to promote by such measures as it thinks fit, the development, storage and marketing of fruits and vegetables and the fruit and vegetable products industry(2) without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for:—(a) formulating policies for overall development and improvement of production,quality, storage and marketing of fruits and vegetables;(b) fixing annual production targets of fruits and vegetables; (c) review of measures for attaining production targets, viz, supply of inputs likefertilizer, water supply, plant protection measures, credit facilities, etc;(d) fixing import quotas for improved seeds; (e) advising the government on extension of cold storage facilities; (f) review of the price trends of fruits and vegetables;(g) development of fruit and vegetable products industries; (h) review of the cost of production of fruits and vegetables and the prices received by the fruit and vegetable growers and to advise government on the need for price support and other measures to ensure fair prices to the growers;(i) regulation, control and promotion of the export of fruits and vegetables and fruit and vegetable products and review of the grading of fruits and vegetables;(j) collection and maintenance of statistics on any matter relating to fruits and vegetables and fruit industries;(k) performing such other functions as the government may, from time to time, directdissolution of the board9 (1) the government may, by notification in the official gazette and for reasons to be specified therein, direct that the board shall be dissolved from such date and for such period as may be specified in the notification:provided that before issuing any such notification, the government shall give a reasonable opportunity to the board to make representation against the proposed dissolution and shall consider the representations, if any, of the board(2) when the board is dissolved under the provisions of sub-section (1),—(a) all powers and duties of the board shall, during the period of dissolution, be exercised and performed by such person or persons as the government may appoint in this behalf;(b) all funds and other properties vested in the board shall, during the period of dissolution, vest in the government; and(c) as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this actpower to make rules10 (1) the government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the powers and functions of the vice-chairman of the board; (b) the term of office and other conditions of service of the members, the manner of filing up of vacancies of the members, and the procedure to be followed in the discharge of their functions by the members;(c) holding of minimum number of meetings of the board every year; (d) the circumstances in which and the authority by which a member may be removed;(e) the power which may be exercised and the duties which shall be performed by the executive director and the secretary;(f) the procedure to be followed at the meetings of the board for the conduct of business and the number of members which shall form the quorum at a meeting;(g) the maintenance of records of business transacted by the board and the submission of copies thereof to the central government(h) the power of the board, its chairman, the executive director and committees of the board with respect to the incurring of expenditure;(i) the conditions subject to which the board may incure expenditure outside india;(j) the preparation of budget estimates of receipts and expenditure of the board and the authority by which the estimates are to be sanctioned;(k) the form and the manner in which the accounts should be maintained by the board;(l) the deposit of the funds of the board in banks and the investment of funds; (m) the conditions to be observed by the board in borrowing the money; (n) the collection of any information or statistics in respect of fruits and vegetables;(o) any other matter which has to be, or may be, prescribed by or provided for by rules under this act (3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two 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; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule11 (1) the board may make regulations not inconsistent with this act and the rules made thereunder for enabling it to discharge its functions under this actpower to make regulations(2) without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the procedure to be followed at the meetings of the committees appointed by the board and the number of members which shall form a quorum at a meeting;(b) the delegation to the chairman, members, executive director, secretary or other officers of the board, or any of the powers and duties of the board under this act;(c) the traveling and other allowances, leave and other conditions of service of officers (other than those appointed by the government) and other employees of the board;(d) the maintenance of the accounts of the board; (e) the maintenance of the registers and other records of the board and its various committees;(f) the appointment by the board of agents to discharge, on its behalf, any of its functions;(g) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the board (3) no regulation made by the board shall have effect until it has been approved by the government and published in the official gazette, and the government, in approving a regulation, may make any change therein which appears to it to be necessary(4) the government may, by notification in the official gazette, cancel any regulation which has been approved and thereupon, the regulation shall cease to have effect statement of objects and reasonsthe fruits and vegetables are grown in the country on an extensive scale with the establishment of horticulture directorates in the states and the encouragement given to horticulture, the production of fruits and vegetables is growing day by day but there are no adequate storage or good transport facilities for these perishable commodities the export and import policies are also not well defined for these itemsat present, there is a great scope for exporting of fruits and vegetables and the products based on processing of fruits and vegetables therefore, to encourage production, storage and export of fruits and vegetables and their products, it is expedient that the union government takes under its control, the development of fruits and vegetables and the fruit and vegetable products industryhence this billmohan singh financial memorandumclause 4 of the bill provides for the establishment of the fruit and vegetable boardclause 5 provides for payment of such salary and allowances to the chairman of the board as may be determined by the government clause provides for payment of salaries and allowances to the executive director and the secretary of the board and also provides for appointment of such other officers and employees as may be necessary for efficient performance of the functions of the board clause 7 provides for appointment of committees and co-option of such persons as members thereon who are not members of the board such members of the committees will have to be paid traveling and other allowances for attending the meetings of the committees under clause 8, the board will take such measures as it thinks fit to promote the development and improvement of production, storage and marketing of fruits and vegetables and the fruits and vegetables products industry it is estimated that an annual recurring expenditure of about rupees five crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees ten crore is also likely to be incurred memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill clause 11 empowers the fruit and vegetable board to make regulations, with the previous approval of the central government and by notification in the official gazette, not inconsistent with the provisions of the bill and the rules that may be made thereunderthe matters in respect of which rules or regulations may be made pertain to procedure or administrative detail only and as such the delegation of legislative power is of a normal character———— a billto provide for measures for the development storage and marketing of fruits and vegetables and their products and for matters connected therewith or incidental thereto————(shri mohan singh, mp)gmgipmrnd—4361rs(s3)—27-08-2010

Parliament_bills

e0b6345d-f699-5a85-a18e-7b5f615d5a4d

bill no 80 of 2009 the special financial assistance to the state of bihar bill, 2009 by shri om prakash yadav, mp a billto provide for special financial assistance to the state of bihar for the purpose of promoting the welfare of scheduled castes, scheduled tribes and other backward sections of people and for the development, exploitation and proper utilization of its resourcesbe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title andcommencementact, 2009special financial assistance to the state of bihar52 there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the state of bihar to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the government of india for the purpose of promoting the welfare of scheduled castes, scheduled tribes and other backward sections of people or for the development, proper utilization and exploitation of the resources in the state3 the provisions of this act shall be in addition to and not in derogation of any other law to be made by parliament or for the time being in forceact not in derogation of other laws statement of objects and reasonsthe state of bihar is socially and economically backward the low pace of development in the state has resulted in the impoverishment of the state and its people the development of bihar is the need not only of that state but of the entire country as a wholethe development of the state can be ensured only with the active involvement of the central government for this, it is necessary that the central government provides special financial assistance to the state for its all round development including the welfare of weaker sections and for the development and exploitation of its vast resources such a step would go a long way in building our nation more and more stronghence this billnew delhi;om prakash yadavjuly 10, 2009 financial memorandumclause 2 of the bill provides that there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the state of bihar to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the government of indiathe bill, therefore, on enactment, will involve expenditure out of the consolidated fund of india for providing special financial assistance to the state of bihar as the sums of moneys which will be given to the state of bihar as special financial assistance by appropriation by law made by parliament will be known only after the welfare schemes to be implemented by the state government with the approval of government of india are identified, it is not possible to give the estimates of recurring expenditure, which would be involved out of the consolidated fund of india at this stageno non-recurring expenditure is likely to be incurred from the consolidated fund of india lok sabha———— a billto provide for special financial assistance to the state of bihar for the purpose of promoting the welfare of scheduled castes, scheduled tribes and other backward sections of people and for the development, exploitation and proper utilization of its resources————(shri om prakash yadav, mp)gmgipmrnd—3994ls(s5)—31102009

Parliament_bills

53af68b6-034d-5f08-98f1-d107337354b6

bill no 16 of 2012 the prohibition on use of coercive methods for recovery of bank loans bill, 2012 bydr kirit premjibhai solanki, mp a billto prohibit the use of coercive methods such as intimidation and harassment either verbal or physical against any person or his family members for recovery of loans by banks, or their agents, whether authorized or not, and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the prohibition on use of coercive methods for recovery of bank loans bill, 2012short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "bank" means any scheduled bank included in the reserve bank of india act, 1934 or any private or foreign bank or any financial institution authorized by the2 of 1934government to accept deposits, channel deposits into lending activities and includes their agents;(b) "family" includes mother, father, spouse, son, daughter, sister and brother and their families; and(c) "prescribed" means prescribed by rules made under this act53 no bank or its agent, whether authorized or not, shall, for the purpose of recovery of a loan,—banks not to resort to use of illegal means for recovery of loan(i) resort to use of intimidation or harassment, either verbal or physical, againstany person or his family;10(ii) make any threatening call or make false and misleading representation to thatperson or his family;(iii) insult that person or his family in public; (iv) cause damage or take away any movable property of that person; (v) cause damage or forcefully acquire the immovable property of that person; or15(vi) visit residence of that person during odd hours4 no bank shall outsource its process of recovery of loan to any outside agency without the approval of the reserve bank of indiabank not to outsource loan recovery without approval of reserve bank of india5 the reserve bank of india shall, from time to time, issue necessary guidelines to banks for proper scrutiny of papers relating to disbursement of loansreserve bank of india to issue guidelines for scrutiny of papers relating to disbursement of loanspenalty206 whoever contravenes the provisions of this act shall be punished with imprisonment,which may extend to five years and also with fine, which may extend to rupees five lakhoffences by a company257 (1) where a contravention of any of the provisions of this act is committed by a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent such contravention30(2) notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this act is committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly35explanation—for the purpose of this section:—(i) "company" means any body corporate and includes a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firmpower to remove difficulties8 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty:5provided that no such orders shall be made after the expiry of a period of three years from the date of commencement of this actoverriding effect of the act109 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid, the provisions of this act shall be in addition to and not derogation of any other law for the time being in forcepower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule20 statement of objects and reasonstoday, there is a cut throat competition among the banks and financial institutions to increase their customer base, particularly, by giving loans on attractive terms day in and day out, numerous calls are made by the representatives of banks or their agents to lakhs of persons offering loans for all kinds of their requirements once a person accepts the offer and completes the formalities, his ordeal begins a number of hidden conditions and charges about which the customers are not informed at the time of offering loans comes to light if due to some genuine reasons, a customer fails to repay one or two instalments of loan, the bank or its agent which were so soft while providing loan, change their colors and adopt all kind of illegal and harsh methods to recover the loan though many of the banks are doing a fair business and following the procedure established by law in case of default, yet there are banks which resort to intimidation and harassment in normal course, if a customer is not paying his debt, proceeding against him may be initiated in debt recovery tribunal or courts instead of harassing him in fact, in the era of outsourcing, banks have also given the responsibility of recovering bad debt to some private companies, which for each recovery, get commission more often than not the recovery agents and banks are not at the same wavelength these private companies often employ musclemen who threaten the customers and their families these musclemen insult the customers in public and forcibly take away the properties for which the loan has been secured and also make anonymous calls various courts and the reserve bank of india have, on several occasions, cautioned the banks and their agents not to resort to such means to recover loan the reserve bank of india has even issued a set of guidelines asking banks and their agents, not to intimidate or harass people in their efforts to recover bad debt but all these measures have not been able to curb the coercive methods by banks or their agents simply because these guidelines are ineffective in the absence of any punishment for their violation therefore, it is high time that a law on the subject may be framed to save the innocent customers taking loans from banks and financial institutions from the harassment and insulthence this billnew delhi;kirit premjibhai solankinovember 22, 2011 memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto prohibit the use of coercive methods such as intimidation and harassment either verbalor physical against any person or his family members for recovery of loans by banks,or their agents, whether authorized or not, and for matters connectedtherewith or incidental thereto————(dr kirit premjibhai solanki, mp)gmgipmrnd—4169ls(s3)—14032012

Parliament_bills

ab1b3448-3098-58bb-b39f-1c7614c7d365

bill no 108 of 2015 the appropriation (railways) no 2 bill, 2015 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 2015-16 for the purposes of railways be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 2 act, 20155issue of rs 377237,91,80,000 out of the consolidated fund of india for the financial year 2015-162 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 [inclusive of the sums specified in column 3 of the schedule to the appropriation (railways) vote on account act, 2015] to the sum of three lakh seventy-seven thousand two hundred thirty-seven crores, ninety-one lakh and eighty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2015-16, in respect of the services relating to railways specified in column 2 of the scheduleappropriation103 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 year the schedule| ( | see | sections 2 and 3) ||----------------------------------------------------------|-------------------------------------------------------------|---------------------|| 1 | 2 | 3 || no of | services and purposes | sums not exceeding || vote | voted by | charged on the || parliament | consolidated | || fund | | || rs | rs | rs || 1 | railway board | 302,84,00,000 || 2 | miscellaneous expenditure (general) | 905,31,32,000 || 3 | general superintendence and services on railways | 6992,79,48,000 || 4 | repairs and maintenance of permanent way and works | 11657,54,85,000 || 5 | repairs and maintenance of motive power | 5464,56,19,000 || 6 | repairs and maintenance of carriages and wagons | 12545,11,69,000 || 7 | repairs and maintenance of plant and equipment | 7238,18,46,000 || 8 | operating expenses - rolling stock and equipment | 11387,93,09,000 || 9 | operating expenses - traffic | 22124,02,41,000 || 10 | operating expenses - fuel | 30295,83,73,000 || 11 | staff welfare and amenities | 5861,44,85,000 || 12 | miscellaneous working expenses | 6220,07,22,000 || 13 | provident fund, pension and other retirement benefits | 34574,38,14,000 || 14 | appropriation to funds | 57125,71,00,000 || 15 | dividend to general revenues, repayment of loans taken from | || general revenues and amortization of over-capitalization | 10810,74,00,000 | || 16 | assets—acquisition, construction and replacement— | || other expenditure | | || capital | 131561,86,15,000 | 107,31,06,000 || railway funds | 20294,80,61,000 | 4,92,43,000 || railway safety fund | 1645,77,84,000 | 13,00,000 || t o t a l : | 377008,95,03,000 | 228,96,77,000 | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government on railways, for the financial year 2015-16suresh prabhu———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2015-b-401/1 dated 17 april, 2015 from shri suresh prabhu, minister of railways to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill to authorize payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2015-16 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consideration by 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 services of the financial year 2015-16 for the purposes of railways————(shri suresh prabhu, minister of railways)

Parliament_bills

6b752545-d82a-5028-b392-330d51cb4bc1

11 ~ no 7i of 1j7t the representation of the people (amendment) bill, 1979 billfv,nhn· to amend the representation of the people act 1850", am the representation of the pec1ple act, 1~1, to provide for the ntadjunment afglbembljl corbtittmmcie8 in the state 01 sikkim be it enacted by parliament in the of india as follows:-thirtieth year o:fi the repub~ 1 (1) this act may be called the (amendment) act, 1979 representation at the people !hol\ tlt1e-l , (2) it shall come into force on such date as the central government meneement may, by notification in the official gazette, appoint 2 in section 7 of the representation of the people act, 1960,-(a) in sub-section (1), for the words uthe'total number of seats", ibe warda, brackets, figure and letter usubject to the, pnwisions of sub-section (i a) , the total nu~ber of seats" shall be substiiuted; 10 a mendmento! 8fd1od7 ot act 43 of 18do (b) after sub-section (1), the following sub-seetioll iball be inserted, namely:-' co (ia) notwithstanding anything contained in sub-eeetion (1), the total number at seats in the legislative assembly of the state o! sikkim, to be constltuted at any tinle after the commencement of the representation at the people (amendment) act, 1979, to be fllled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which-(a) twelve seats shal1 be reserved for sikkimese of bhutia-lepcha origin; (b) two seats shall be reserved for the scbeduled castes , of that state; and (c) one seat shall be reserved for the sanghas referred to in section 25a"j (c) in sub-section (2), for the words, brackets and figure "in subsection (1) ti, the words, brackets, figures and letter "in sul>-section 10 (1) or sub-section (1a)" shall be substituted; (d) in sub-section (3) ,-(i) for the words, brackets, figures and letter "subject to the provisions of sub-section (3) of section 7a, the extent of each assembly constituency in all the states and union territories is except the assembly constituencies", the words "the extent of each assembly constituency in all the states and union territories except the assembly constituencies in the state of sikkim and" shall be substituted; (ii) after the words and figures "the delimitation act, 1972", so 76 of 1972-the following shall be inserted, namely:-u j the extent of each assembly constituency in the state, ofsikkim shall be as provided for immediately before the commencement of the constitution (thirty-sixth amendment) act, 1975" as i in the representation of the people act, 1951, section 5a shan tie re-numbered as sub-section (1) thereof, and after sub-section (1) as 80 re-numbered, the following sub-section shall be inserted, namely:-~d­ment of kdionia o!actfi at ltol ii (2) notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the legislative 30 assembly of the state of sikkim, to be constituted at any time after the commencement of, the representation of the people (amendment) act, 19'19, unless-(ii) in the case of a seat reserved for sikkfmese of bhutia~:"· lepcha origin, he is a person either of bhutia or lepcha origin ~s and is ·an elector for any assembly· constituency in the state other than the constituency reserved for the sanghas; (b) in the case of a seat reserved for scheduled castes, he is a member o~ any of those eastes in the state of sikkim and is an elector for any assembly constituency in the state; 40 (e) in the case of a seat reserved for sanghas, he is an elector of the sangha constituency; and (d) in the case of any other seat, he is an elector tor 11111' auembly codatituency in the state" t on and from the commencement of this act, the delimitation of parliamentary and assembly constituencies order, 1976, shall stand amended as directed in the schedule the schedule (see section 4) 5 amendments to the delrmitation of parliamentary um assi:mbly cons'l'ltuent:ies order, 1978amend ment at delimitation of parliamentary and~ mbly constituencies order, 1978 in the delimitation of parliamentary and assembly constituencies order, 1976-10 (i) in paragraph 5-15 (a) tor the words eeand where such name", the words uwhere such name" shall be substituted: (b) the words, brackets and letters ': and where auch name is distinguished by the brackets and letters cc (bl) ", the seat in that constituency is reserved for the sikkimese ofi bhutia-lepcha origin' shall be inserted at the end: (ii) in schedule ii, for entry 18, the following entry shall be subs tituted, namely:-20 , "lb sikkim 32 2 12 (reserved for silfldmese of bhutla-lepcha origin)": (iii) after schedule xix, the following schedule shall ~ :b1serted, namely:-25 _" l "schedule xlx-a sikkim assembly cons'fttuenciesserial no, name and extent of consti·tuency --------_-30 1 yoksam-yoksam, lawing, dubdi, gerethang, ketchopherichojo, thtngl1ng i and thingling ii blocks in ketchopherl elakha; chumbung, nako, singeng, singdarang, darap, nambo, topong and singrapong blocks in pemoyongtse elakha; and ttngbrom stnglitam, melli and melli-aching blocks in melli elakha of west district -35 2 'l'aahiding (bl)-dhupidara narkhola, mangnam, labdang, kongri, gangep, chungrang, arithang, lasso, tashiding, yangtey, onglep and bhaluthang blocks in tashiding elakha of west district 40 3 geyzing-omchung, geyzing kyongsa, lungjik and pemqyongtse blocks in pemoyongtse elakha; tikjek, sardong and lingchom blocks in sangacholing elakha; and yangthang block in yangthang elakha of west district; and lekship block in wak-sosing elakha of south district 4 dentam-liching, begha, srinagi gyaten, karmatar, sopakha, maneybong, mangmoo, dentam, sapung, bongten radhukundu and sankhu blocks in yangthang elakha of west district 4s _---, ----~-serial no, name and extent of constituency --------5 brmiok-hee, martam, barmiok, barthang, hee patal and pacharek blocks in yangthang elakha; and miyong, megyong, chinthang and barfok blocks in rinchenpong elakha of west district 6 binchenpong (bl)-sa~gdorji, hathidunga, jeel, boom, reahl (a), 5 reshl (b) rinchenpong, tadong, samdong, sribadam (a) and sribadam(b) bloeklin rinchenpong elakba; and takuthang, chuehen, dethang and parengaon blocks in chakung elakha of west district; and sangnath block in wak-sosing elakha of south district 7 chakang-tinjerbong, suldong, kamling, singyellg, mabong 10 suntoley khani sirbong, arubotey samsing, gelling chakung, mendogaon samdong and chum bung blocks in chakung elakha of west district 8 5oreong-soreong, soreong bazar, singling, timberbong, burlkhop, kartok, malbaeey and tarpu blocks in chakung elakha of welt is district ~ ',"'~ 9 daramdln-rumbuk, burikhop, lower daramdin lower thambung, upper thambung, sallyng dang, lungchok, siktam tikpur okhrey, rfbdi and bhareng blocks in daramdin elakha of west district 10 joret'hang-nayabazar-joom block in chakung elakha of west dis-20 triet; salghari, dorop, dhargaon, chisopani, tinek, poldok-denchung, asangthang, sambung, kopche and mik-khola blocks in namchi ejakha; and shyampani, sorok, manpur, totam and gom blocks in kitam elakha of south district " 1lba1an, (bl)-sada, famtbm, brang and polot block!! in bran~ 25 elakha; namlung, lingding ralang, jorang-biring b'arl'ong and dethang blocks in ralang elakha; and bakhim kewzing, dalep and lfngzo blocks in wak-sosing elakha of south district 12 wak-hingdam, lamaten, "n~o tinldtam, omchu, chumlok, wak, rayong and m~brue blocks in wak-sosing elakha; ben 30 namphrik, rabang and sangmo blocks in ben-namphrik elakha; and deo block in temi-tarku elakha of south distrlct ij:dllmt1tilll«-damthang jaubari chemchey pabong, boomtar sal lybung, maniram, phallidara tingrithang, 'mamley, gumba paier tlnjfr kamrang and singithang blocks in namchi elakha: and 35 slngtam, bul palum and rong blocks in turuk-sumbuk elakha of south atstrlct 14 meiit-melli bazar, melli data, kerabari, suntoley, sukhbari turuk, rambung panchgharey, lungchok, ·kamarey sumbuk, kartike'9i' suntoley (sumbuk) paiyong, rabitar and s&dam block in turuk-sumbuk elakha of south district 40 ts rateypllnl-west pendam (sc)-rabikhola, tangji, :ef~at, ltateypanl and passt blocks t,n rateypani elakha: ltatin2-bokran, pamphok, nalam kolbung, nagi, palitam manevdara, xabrey ltallamtek, turung donok and mamring blocks in namthan~ elakha of south district; and west pendam block in namthang elakha of east dis- 45 trtet ------- -'- -- _--co rill gehda tj 'j:'he represel\fta,'"i'ton of the pfjjple (p'fel-!dment) bill, 1979 'to b(:;;/as introduced in 10k sabha) 1 page 6, line 23,-2 page 7, line 13,-after "number ii insert "of" 3 page 8, lines 4 and 5 from batt,om,-1q!: "consti tency" read "co nsts bj ency" 4 page 9, line"- !1 from' bottom,-- i san gna it _ rcftd ) i ;_ new delhi; v sakha~ 1901 (saka)18 "nd-thku-tanak tarku, tem! and aifaltar blocks in temi-tarku elakha; pabong, daring, todey, reshep, toke1 namphing, barmiok, thangaing, chalamthang, nizarmeng, rameng and burul blocks 'in , banniok e1akha; and parbing, fong, chhuba and karek b10cb in namthang elakha ot south district it ceatnl peutlajn-rtt pelhlam-8ingtam bazar, sumin, lingjey and mangthang blocb in sumin elakha; and central pendam, east pendam, rangpo bazar, kamerey-bhasmey, pachak and sajong blocks 10 in pendam elakha of east district 18 rhenock-rhenock, tarpin, rhenock bazar, mulukey, sudan~lakha and kyongsa bloclcs in rhenock elakha; biring, tarethang and taja blocks in amba-taretbang elakha; and linkey block in pathing ela1ma of east district is 19 reku-a'i1tar, dalapchand and khami!ong, blocks in rhenock elakha; and chuzachen chancre lakha, north re~ south re~, ronlltli bazar, sin~nebas, premlakha and subhanev dara blocks in chuzachen-regu elakha of east distrfct 20 pathmr (bl)-chan~ay senti rnd pachey-samsin~ blocks in chan~ay-senti elakha: amba anrj thekabunl! blocks in amba-tarethang elakha; parkha, riba machon~ latuk and chue'henphery blocks in chota and bara pathfn~ elakha: and rnlep lamllten, lin~am pbadamchen and gnathan( blocks in chuzachen-regu elakha of east ~cl 25 21 ,~'" parhekhanl-c'hnta sinvtam ilnd aho-yanl'tam bl~k" in aho-pahm-yan~m elakha: and nrmchebllnl! kartok dfklfn~ chriamthan~, toosin" pachpkhanf l)iklfn cy pil('he"khani renvtbang and pllkyonlt bazar blocks in pakyonll elakha of east district 22 kh"mdonsr (sc)-m'~lnrlnt!' tokdpv nehhrnm lc'olthanlt 'pepthan~ 30 and lfnltmo block!; in jjnl!mo-nphhl'nm e1pkhl!: rrn"an~ yan""'"n!! gal!vonlt satam namphok ~nd ~ripfltam hlorks in tanl!an~ ell\kha of soutb dfmict: pnli sin"hf!1 dunp'lillnl! khattlrjnn~ bptlit 'j'h,n~ng-bodang and thasa blocks in khamdong elakha of east district 3s 23 dto"~ (bt '·-upnel' dionl!1t iilnd iowel" jljonl!u blncks in :o;ont!'u takha of n()1"f:h di!;ttict: rnd sn~v lin," ltnper p"liyonll lower pa1vonl1: and xahu hlocks in linl!f-l'llivonl! el~khll nf south "f!'ltorlct 24 ja'll'ben m'lln,"hua(b1' l-t or chen block in tach n ",l"khli: l&chl1nl! hlock in lachl1nl! lllkh,,: chuntrthan" bl ,k in chm",thanl! e1nkhl!; natrrnrmp'nt" s1nltc'htt tunl~ mivnnp' st>ntam p&k~en ~ai t" sfnp'chfk rfnp'em timchun!! !\!'"mnatait'· iln" man, n 'rn7"l" hlfl"k" in mallinl! ela'k"a; ""d sllvem 'y'""v",k- r&mfhnntr u "er mnn!7'qhn, lnwe-r 'manlt!'lhllll namok and thin~chen blocks in phodon~ elakha of north dfstrtct 45 2s j{"", 'i'int'de (bl'-ron~n'! tu""lunp' 1ld" phndon17 bl~k!ll f1'\ j'bndo"l! elakha: phen!llan~ t,"hi "ph "mtam cj,"~'rt''''' m~n rrltl"nn" ~abi-ttnlrdr and ph"n~ bln"k~ in 'p"f''''~~n'''-lcahu",,,~,, ",loo'khq nf north dfstric't: an" sotnk n'ihev fi"ii 'penlon" hlot'k" in 'pp"l",,~ f!ja'kha: &n" l fn~ok and nampun~ blocks in rakdong-tfnte'lt ~irkha of east dlstrlct -26 bakddac-~tak (bl)-rakdong and tintek blocks in ~dg-l tlntek elakha; samdong-kambol and raley-khase blocks in samdodg elakha; tumid, simik and chandey blocks in tumin-chandey elakha; and patuk, simik, arltir and lingjey blocks in khamdong s elakha of east district 27 martam (bl)--sirwani, sakyong, ch180pani, babdag, chalamthang, byang, nagetbang, martam, phegyong, nazitam and trikutam blocks in song-martam elakha; and chhuba nemli, marchak, samlik, namin and tumlabung blocks in rumtek-marehak elakha of east 10 district l ' ~ • , •• 1' 28 ramtet (bl)-mendu, tempyek, sajong, chenjey, rawte rumtek, reybrok and lingdum blocks in ranta-lingdum elakha;' and tadong, samdur, deorali, deorali bazar arui tadong 'bazar blocks in tadong elakha of east district 29 asam-lingjey (bl)-pahm, bhuawt," narook, naitam, nandok, lingjey and assam blocks in aho-:lingjey-pahm-slngtam elakha; and tathangchen, rongnek and syari blocks in tathangchen elakha of east district 30 ranka (bl)-parbing, ranka, barbing, songtong, bortuk, luwing, ~o suchakgang and chandmari blocks in ranka elakha of east district 31 ~-gangtok block [including <a> gangtok town, (b) gangtok bazar and (c) development area] ot earst district --- -----,--, __ _-- ---note: -any reference in this table to a district, elakha, block or other territorial division shall be taken to mean the area comprised within that district, elakha, block or other territorial division on the 26th day o~ april, 1975 statement of objects and reasonsthe assembly for sikkim formed as a result of the elections held in april 1974 is deemed to be the legislative assembly of the state ot sikldm duly constituted under the constitution according to the provisions of article 371f(b) (i) thereof it comprises 32 members ot whom 15 members are elected against seats reserved for bhutlas and lepchu of sikkimese origin; 15 members are elected against seats reserved for nepaus of sikkimese origin; and one each against the seat reserved for the scheduled castes and the seat reserved for the sanghas belonging to the monasteries 2 article 371f(f) of the constitution empowers parliament to legislate for the purpose of protecting the rights and interests of the different sections of the population of sikkim and to make provision for the number seats in the legislative assembly of the state of sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the legislative assembly ot the state of sikkim 3 under the existing atrangements, the seats in the assembly are reserved for the nepalis, the bhutias and lepchas, the scheduled castes and the sanghas belonging to monasteries as a result, other residents of sikkim are not eligible 1x> contest elections to the assembly in the circumstances, it has become necessary to modify the existing set-up of the legislative assembly so as to ensure fair representation to all section, of the population of the state in the assembly at the same time, it is considered that if the bhutias and lepchas, who are the original inhabitants of sikk:m are given representation solely according to their population ratio, their interests may not be properly safeguarded accordingly, it has been decided that 12 seats in the legislative assembly of sikkim which may be constituted hereafter may be reserved for the bhutlas and lepchas in addition, the reservation of one seat for the sangha may be allowed to continue the scheduled caste population in s1k1dm is mostly of nepali origin based on their population, the scheduled castes in sikkim qualify for two seats in the legislative assembly ,accordingly, a provigjon to that effect is being made on the basis 01 the reservations proposed, the remaining 17 seats in the legislative assembly will be general seats open to all electors 4 the bill seeks to give effect to the above objects by making necessary amendments in the representation of the people acts, 1950 and 1951 and the deumitation of paruamentary and assembly constituencies order, 19'78 nzw dam; shanty bhushan the 10th m" 1m ~ a:\ r ' i ,)1·~~,tft ",~ 7 - - - - - 7 (1) the total number of seats in the legislative assembly of each state specified in the second schedule, to be ftiied by persolll chosen b~ direct election from assembly constituencies, and the number of aeata, if an,, to be resenred for the scheduled cutes and for the scheduled tribes of the state, shall be u shown in that schedule: total number 01 aut ill lqialatiyeu ieiilbli_ add uembly cout1tuencia provided that for the period referred to in clause (2) of article 37la, the total number of seats allotted to the legislative aasembly of the state 01 nagaland ahall be fifty-two, of which-(0) twelve seats ahall be allocated to the tuenaang district and shall be fllled by periolli chosen by the members of the regional council, referred to in that article, from amongst themselves in 1uctb manner as the governor, after consulting that council may, by notification in the 0ftlcia1 gazette, apecify, and (ib) the remaining forty seats shall be filled by persodi cholen by direct election from assembly constituencies in the rest of the state (2) every assembly conatituency referred to in mb-section (l) ahall be a single-member constituency 760t 197:1-2q ot 1963 (3) subject to the provisiolll of sub-section (3) of section 7a the extent of each assembly codititueney in all the states and union territorim except the asaembl, constituencies in the union territory of arunachal pradeah ahall· be as determined by the orders of the delimitation commission made under the pr0vil10dl of the deumitation act, 1972 and the extent of each assembly constituency in the union territory of mudlma! pr'adeah ahall be as determined by the order of the election commission made under the p'rovisions of the government of union territoriel ad, 1913 - - - - - erraacrs from the delimrration or paitlluo:ntaily alm amdnly cokitltu'encies olma, ur18 - - - - - 5 where the name of a constituency as shown in the schedules 4istillgwabed by the braeketl and letters (sc) ", the seat in that codltitedcj ia reserved for the scheduled castes; and where uchname is distinguilhed by the bracket and letters "(st)", the seat lin that coditltuency - reierved for the scheduled tribal - - - - - l_ _ schedule iinumber of seem in stc&te legiblcitwe assemblies --------------------------------sublequen&ly sit name of statel nod 1-1197 codllitllteci no u ruod territory total so st total so st ---~- ---------_ g 3 5 6 7 ----states - - - - - 18 sikkim 3a• - - - - - note: ·includes 1 seau reserved for sangna constituency billfurther to amend the representation of the people act, 1950, and the representation of the people act, 1951, to provide for the readjustment of assembly constituencies in the state of sikkim , shri shanti bhushgn, (minder of law, justice and company affairb)

Parliament_bills

7d489df6-ed0d-593c-ae69-50990c4121ad

the taxation laws (amend- ment) bill, 1960(as introduced in lox sabha on 29th april, 1960) the taxation laws (amendment) bill, 1960 (as introduced in lok sabra)a bill further to amend the indian income-tax act 1922, the wealth-tax act, 1957, the expenditure-tax act, 1957 and the gift-tax act 1958 be it enacted by parliament in the eleventh year of the republic of india as follows:-chapter i preliminarys 1 (1) this act may be called the taxation laws (amendment) short title and com-act, 1960 menoement (2) subject to any provision made in this behalf in this act, it shall be deemed to have come into force on the 1st day of april, 1960 chapter ii 10 amendments to the indian income-tax act, 1922ii of 1922 2 in section 4 of the indian income-tax act, 1922 (hereinafter amendment referred to as the income-tax act), in sub-section (3),-of lection 4· -20 (i) after clause (xiva) , the following clause shall be inserted, namely:-"(xivb) any income chargeable under the head "salaries" received by or due to a person, not resident in the taxable territories and not being a citizen of india, as remuneration for services rendered in connection with his employment on a foreign ship where his total stay in the taxable territories does not exceed in the aggregate a period of ninety days in the previous year;"; (ii) for clauses (xvii) and (xviia) , the following clauses shall be substituted, namely:-"(xvii) monthly payments on the 15 year annuity certi-2s ficates issued by or under the authority of the central government or such other annuity certificates issued by or under the authority of that government as that government may, 28e(b) ls--l by notification in the official gazette, specify in this behalf, to the extent to which the amounts of the certificates do not exceed in each case the maximum amount which is permitted to be invested therein; (x'l'iia) interest on treasury savings deposit certificates, 5 post office cash certificates, post office national savings certificates, national plan certificates, 12 year national plan savings certificates and such other certificates issued by the central government as that government may, by notification in the official gazette, specify in this behalf, ahd interest on deposits in post office savings banks, to the extent to which 10 the amounts of such certificates or deposits do not pxceed in each case the maximum amount which is permitted to be invested or deposited therein;" 3 in section 5 of the income-tax act,-is amendment of lection 5 (i) the explanation to sub-section (7a) shall be omitted; and (ii) after sub-section (8), the following explanation sballbe inserted, and shall be deemed always to have been inserted, namely:-"explanation-in sub-sections (2), (5) and (7 a), the 20 word "case" in relation to any person whose name is specified in any order or direction issued in pursuance of any of the aforesaid sub-sections means all proceedings under this act in re3pect of any year which may be pending on the date of 25 such order or direction, and includes also all proceedinip under this act which may be commenced after the date of such order or direction in re3pect of any year": amendment 4 in section 10 of the income-tax act, in sub-section (2), after the ofcction 10 proviso to clause (vib) , the following further proviso shall be inserted, namely:-30 "provided further that no allowance under this clause shall be made in respect of any machinery or plant which consist of office appliances or road transport vehicles" amendment of lection isb 5 in section 15b of the income-tax act, in sub-section (1), after the words "to which this section applies" the words "or in respect of any sums paid by him on or t3fter the 1st day of april, 1960, as 35 donations to the government or to any local authority to be utilised for·any charitable purpose as defined in sub-section (3) of section 4" shall be inserted s (1) in section 16 of the int:ome-tax act, in clause (4) of sub- amcndmtnt section (1), for the words, figures and letters "section 15b and section oflection j 6 15c-, the words, figures and letters "section 15b, section 15c and section 58f" shall be substituted s (2) the amendment made by sub-section (1) shall be deemed to have had effect on and from the 1st day of april, 1957, for the purposes elf sub-sections (2) and (2b) of section 18 of the income-tax act, and on and from the 1st day of april, 1958, for other purposes '1 in section 46 of the incom~tax act,-10 (i) for the proviso to sub-section (2), the following proviso shall be, and shall be deemed always to have been, substituted, namely:-is "provided that without prejudice to the powers conferred by this sub-section, the collector shall, for the purpose of recovering the amount specified in the certificate, have also all the powers which-i of 1890 (4) a collector has under the revenue recovery act, 1890; !! of 1908 20 (b) a civil t:ourt has under the code of civil procedure, 1908, for the purpose of the recovery of an amount due under a decree"; (ii) for sub-section (8), the following sub-sections shall be, and shall be deemed always to have been, substituted, namely:-" (1 a) for the purposes of this section, the expression "collector" shall include-(a) an additional collector or any other officer authorised to exerdse the powers of a collector under any law for the time being in force in a state relating to land revenue; and (b) a collector in pakista:n (8) the income-tax ofticer may forward a certificate under sub-section (2) to a collector in pakistan through the central board of revenue of pakistan if the assessee has property in the district of that ccllector" 8 in section 56a of the income-tax act, in clause (i) of subsection (1),-(a) for item no (2), the following item shall be substituted, namely:-"(2) iron and steel (metal), ferro-alloys, and special s steels;"; (b) for item no (4), the following items shall be substituted, namely:-10 " (4) chemicals (other than fertilisers) of the following types:-(i) inorganic heavy chemicals; (ii) organic heavy chemicals; is (iii) fine chemicals including photographic chemicals; (iv) synthetic rubber; (v) man-made fibres other than viscose rayon; (vi) coke oven by-products; (vii) coal tar distillation products like napthalene, anthracene and the like; (viii) explosives including gun powder and safety 30 fuses; (4a) inorganic, organic and mixed fertilisers;"; (c) for item no (5), the following item shan be substituted, namely:-u(5) industrial machinery of the following types (in- 25 eluding gear wheels and parts thereof, boilers and steam generating plants):--a major items of speciazi!ed equipment used in specific industriel: (i) textile machinery (such as frames, carding 30 machines, powerlooms and the like) including textile accessories; (ii) jute machinery; 35 (iii) rayon machinery; (iv) sugar machinery; (v) tea machinery; (vi) mining machinery; (vii) metallurgical machinery; (viii) cement machinery; (ix) chemical maohinery; (x) pharmaceuticals machinery; s (xi) paper machinery; b general items of machinery wed in several industries, such as the equipment required for various 'unit processes': ie (i) size reduction equipment-crushers, ball mills and the like; (ti) conveying equipment-bucket elevators, skip hoists, cranes, derricks and the like; (iii) size separation units-screens, classifiers and the like; (iv) mixers and reactors-kneading mills, turbo mixers and the like; (v) filtration equipment-filter presses, rotary filters and the like; (vi) centrifugal machines; 20 (vii) evaporators; (viii) distillation equipment; (ix) crystallisers; (x) driers; (xi) power driven pumps-reciprocating, centrifugal and the like; (xii) air and gas compressors and vacuum pipes (excluding electrical furnaces); (xiii) refrigeration plants for industrial use; 30 (xtiv) fire fighting equipment and 'appliances m cluding fire engines; c other items of industrial machinery: (i) ball, roller and tapered bearings; (il) speed reduction units; (iii) grinding wheels and abrasives;" 35 ijiicl1ion of 9 after section 59 of the income-tax act, the following sections ;;a lecti:'d shall be inserted, namely:-,9b "59a (1) the central government shall cause to be published, by notification in the official gazette, the names and such other particulars as may be relevant of-5 publication of information respecting penalties in certain cues (a) persons on each of whom a penalty amounting to not less than five thousand rupees or such lower amount as inay be fixed by the central government, by notification in the ofticial gazette, has been imposed at any time on or after the 1st day of april, 1960, under clause (c) of sub- 10 8ection(l) of section 28; and (b) persons who have been convicted as a result of any proceedings initiated on or after the 1st day of april, 1960, under section 52 or under any provision of the indian penal code for any offence connected with any proceedings under is 45 of 1860 this act -(2) if in the interests of revenue the central government considers it necessary so to do, it may also cause to be published, by notification in the official gazette, the names and such other particulars as may be relevant of-20 (a) persons on each of whom a penalty has been imposed at any time on or after the 1st day of april, 1960, under clause (a) or clause (b) of sub-section (1) of section 28; or (b) persons on each of whom a penalty of an amount 25 not exceeding the amount referred to in clause (a) of subsection (1) has been imposed at any time on or after the 1st day of april, 1960, under clause (c) of sub-section (1) of section 28; or (c) persons who have been convicted al a result of any 30 -proceedings initiated on or after the 1st day of april, 1960, under any provision of this act other than section 52 (3) no publication under this section shall be made-(i) in the case of an assessee mentioned in ~clause (a) of sub-section (1) or in claqse (a) or clause (b) of sub-section 35 (2) who has presented an appeal under section 30 against the order of penalty, until the appea11s disposed of by the appellate assistant commlaloner; (ii) in the case of an assessee mentioned in clause (bj of sub-iectiod (1) or clause (c) of sub-section (2), until the time for appealing has expired without an appeal having been presented, or an appeal if presented has been disposed of , 10 (4) notwithstanding anything contained in this section, the central government may refrain from publishing the name of any person if it is satisfied that in the interests of revenue it is necessary so to do, and where the central government refrains from publishing the name of any person, the reason for not publishing the name shall be recorded in writing (5) every notification issued under this section shall be laid before parliament as soon as may be after it is made i~ (6) the provisions of this section shall have effect notwithstanding anything to the contrary contained in section 54 20 explanation-ln the case of a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers, or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the central government, the circumstances of the case justify it 2s 59b where a person makes an application to the commis- piaclosure oi sioner in the prescribed form and after payment of the prescribed ==n fee for information as to the amount of tax detennined as pay- tax payable able by any assessee in respect of any assessment made on or after the 1st day of april, 1960, the commissioner may, notwithstanding anything contained in section 54, if he is satisfied that there are no circumstances justifying its refusal, furnish or cause to be furnished the infonnation asked for" 30 '10 after section 60a of the income-tax act, the following section insertion of shall be inserted, and shall be deemed always to have been inserted, ~; section namely:-35 "sob (1) where by virtue of any provision of this act tax may be income-tax or super-tax is to be charged in respect of the iucome ~~e:d for of a period other than the previous year, income-tax or super-tax, other than as toe case may be, shall be charged accordingly ~!:;i~: deducted at source or paid in advance, wherever 10 provided (2) in respect of income chargeable under this act, incometax or super-tax shall be deducted at the source or paid in advance, where it is so deductible or payable under any provision of this act" chapter iiiamendments to the wealth-tax aer, 1957 idlc:rtion of new aeetiodl 11 in the wealth-tax act, 1957, after section 42, the following ~b idad sections shall be inserted, namely:-42 m ct 27 of 1957 "42a (1) the central government shall cause to be published, by notification in the official gazette, the names and such 10 other particulars as may be relevant of-publication of information respecting penalties in certain cues (a) persons on each of whom a penalty amounting to not less than five thousand rupees or such lower amount as may be fixed by the central government, by notification in the official gazette, has been imposed at any time on or after 15 the 1st day of april, 1960, under clause (c) of sub-section (1) of section 18; and (b) persons who have been convicted as a result of any proceedings initiated on or after the 1st day of april, 1960, under sub-section (2) of section 36 or under any provision of 20 the indian penal code for any offence connected with any 4s oc 186c1, proceedings under this act (2) if in the interests of revenue tbe central governmen~ considers it necessary so to do, it may also cause to be published, by notification in the official gazette, the names and such other 25 particulars as may be relevant of-(a) persons on each of whom a penalty has been imposed at any time on or after the 1st day of april, 1960, under \ clause (a) or clause (b) of sub-section (1) of section 18; or ~ (b) persons on each of whom'a penalty of an amount not 30 exceeding the amount referred to in clause (a) of sub-section (1) has been imposed at any time on or after the 1st day of - april, 1968, under clause (c) of sub-section (l) of section 18; or (c) persons who have been convicted as a result cf any 35 proceedings initiated on or after the 1st day of april, 1960, under any provision of this act other than sub-section (2) of section 36 (3) no publication under this section shall be made-(i) in the case of an assessee mentioned in clause (a) of sub-section (1) or in clause (a) or clause (b) of sub-section (2) who has presented an appeal under section 23 against the order of penalty,' until the appeal is disposed of by the appellate assistant commissioner; (ii) in the case of an assessee mentioned in clause (b) of sub-section (1) or clause (c) of sub-section (2), until the time for eppealing has expired without an appeal having been 10 presented, or an appeal if presented has been disposed of (4) notwithstanding anything contained in this section, the central government may refrain from publishing the name of any person if it is satisfied that in the interests of revenue it is necessary so to do, and where the central government refrains 15 from publishing the name of any person, the reason for not publishing the name shall be recorded in writing (5) every notification issued under this section shall be laid before parliament as soon as may be after it is made (6) the provisions of this section shall have effect· not-20 withstanding anything to the contrary contained in section 42 42b where a person makes an application to the commis-di~c108ure h 'bed f d f f h of informa-8loner in t e prest:rl orm an a ter payment 0 t e pres- tion respectcribed fee for information as to the amount of wealth-tax deter- :~able tax mined as payable by any assessee in respect of any assessment 25 made on or after the 1st day of april, 1960, the commissioner may, notwithstanding anything contained in section 42, if he is satisfied that there are no circumstances justifying its refusal, furnish or cause to be furnished the information asked for" chapter iv amendments to the expenditure-tax act, 195712 in the expenditure-tax act, 1957, after section 38, the follow- insertion of tng sections shall be inserted namely' _ new sections , - 38a and 38b in act 29 of 1957 "3sa (1) the central government shall cause to be pub- publication lished, by notification in the official gazette, the names and such of information respectother particulars as may be relevant of-~g penajti~8 m (a) persons on each of whom ~ penalty amounting to alsel cen&m not less than five thousand rupees or such lower amount as 286(b) ls-2 may be fixed by the central government, by notitlcation iii the official gazette, has been imposed at any time on or after the 1st day of april, 1960, under clause (c) of subsection (1) of section 17; and (b) per~ons who have been convicted as a result of any 5 proceedings initiated on or after the 1st day of april, 1960, under sub-section (2) of section 32 or under any provision of the indian penal code for any offence connected with any 4s of 1860 proceedings under this act, (2) if in the interests of revenue the central government 10 considers it necessary so to do, it may also cause to be published, by notification in the official gazette, the names and such other particulars as may be relevant of-(a) persons on each of whom a penalty has been imposed at any time on or after the 1st day of april, 1960, is under clause (a) or clause (b) of sub-section (1) of section 17; or (b) persons on each of whom a penalty of an amount not exceeding the amount referred to in clause (a) of subsection (1) has been imposed at any time on or after the 20 1st day of april, 1960, under clause (c) of sub-section (1) of section 17; or (c) persons who have been convicted as a result of any proceedings initiated on or after the 1st day of april, 1960, under any provision of this act other than sub-section (2) 25 of section 32 (3) no publication under this section shall be made-(i) in the case of an assessee mentioned in clause (a) of sub-section (1) or in clause (a) or clause (b) of sub-section (2) who has presented an appeal under section 21 against 30 the order of penalty, until the appeal is disposed of by the appeuate assistant commissioner; (ii) in the case of an assessee mentioned in clause (b) of sub-section (1) or clause (c) of sub-section (2), until the time for appealing has expired without an appeal having 35 been presented, or an appeal if presented has been disposed of (4) notwithstanding anything contained in this section, the central government may refrain from publishing the name of any person if it is satisfied that in the interests of revenue it is necessary so to do, and where the central government refrains from publishing the name of any person, the reason for not publishing the name shall be recorded in writing , (5) every notification issued under this section shall be laid before parliament as soon as may be after it is made (6) the provisions of this section shall have effect notwithstanding anything to the contrary contained in section 38 38b where a person makes an application to the commis- disclosure 10 sioner in the prescribed form and after payment of the prescribed ~~~r;:;-fee for information as to the amount of expenditure-tax deter- ing bl tax mmed as payable by any assessee in respect of any assessment paya e made on or after the 1st day of april, 1960, the commissioner may, notwithstanding anything contained in section 38, if he is is satisfied that there are no circumstances justifying its refusal, furnish or cause to be furnished the information asked for" chapter v amendments to the gift-tax act, 195813 in the gift-tax act, 1958, after section 41, the following sections insertiod ef 20 shall be inserted, namely: -:~ =~ in act is of 1958 u41a (1) the central government shall cause to be pub-- pub~tlod lished, by notification in the official gazette, the names and such :ad ~;: other particulars as may be relevant of-~ __ c:asca (a) persons on each of whom a penalty amounting to not less than five thousand rupees or such lower amount as may be fixed by the central government, by notification in the official gazette, has been imposed at any time on or after the 1st day of april, 1960, under clause {c) of sub-section (1) of section 17; and 30 45 of 1860 (b) persons who have been convicted as a result of any proceedings initiated on or after the 1st day of april, 1960, under sub-section (2) of section 35 or under any provision of the indian penal code for any offence connected with buy proceedings under this act 3s (2) if in the interests of revenue the central government considers it necessary so to do, it may also cause to be published, by notification in the official gazette, the names and such other particulars as may be relevant of-(a) persons on each of whom a penalty has been imposed at any time on or after the 1st day of april, 1960, under clause (a) or clause (b) of sub-section (1) of section 17; or s (b) persons on each of whom a penalty of an amount not exceeding the amount referred to in clause (a) of sub-c;ection (1) has been imposed at any time on or after the 1st day of april, 1960, under clause (c) of sub-section (1) of section 17; ~ ro (c) persons who have been convicted as a result of any proceedings initiated on or after the 1st dey of april, 1960, under any provision of this act other than sub-section (2) of section 35 (3) no publication under this section shall be made-is "(i) in the case of an assessee mentioned in clause (a) of sub-section (1) or in clause (a) or clause (b) of sub-section (2) who has presented an appeal under section 22 against the order of penalty, until the appeal is disposed of by the appellate assistant commissioner; 20 (ii) in the case of an assessee mentioned in clause (b) of sub-section (1) or clause (c) of sub-section (2), until the time for appealing has expired without an appeal heving been presented, or an appeal if presented has been disposed ~ ~ (4) notwithstanding anything contained in this section, the central government may refrain from publishing the name of any person if it is satisfied that in the interests of revenue it is necessary so to do, and where the central governmentrdrains from publishing the name of any person, the reason for not 30 publishing the name shall be recorded in writing (5) every notification issued under this section shall be laid before parliament as soon as may be after it is made (6) the provisions of this section shall have effect notwithstanding anything to the contrary contained in section 41 3s explonation-in the case of a firm, company or an dssociation or a body of individuals or persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association or body, as the case may be, may also be published if in the opinion of the central government the circumstances of the case jilstify it 41b where a person makes an application to the c(lmmis- d~closure h 'b d f d f' f h 'b d of mfonna-s slo~er m t e prescll e orm an a ter payment 0 t e prescr, e tion respectfee for information as to the amount of gift-tax determined as ~~~k payable by any assessee in respect of any assessment made on or after the 1st day of april, 1960, the commissioner may, notwithstanding anything contained in section 41, if he is satisfied 10 that there are no circumstances justifying its refusal, furnish or cause to be furnished the information asked for" statement of objects and reasonsthe object of this bill is-(i) to give effect to the government's decision to relax the secrecy provisions of the indian income-tax act, 1922, the wealth-tax act, 1957, the expenditure-tax act, 1957 and the gift-tax act, 1958 for publishing the names and other particulars of certain types of tax-offenders and for disclosure of information regarding the amount of tax payable by an assessee; and (ii) to make certain amendments to the income-tax act which have become necessary owing to some judicial decisions and in the light of the experience gained in the working of the act some of these amendments are of a clarificatory nature while some others are intended to give relief to assessees or to facilitate collection of tax 2 the notes on clauses explain the object under~ying each of the amendments contained in the bill morarji r desainew delhi; the 23rd april, 1960 notes on clause,clause 2 makes the following amendments to section 4 of the income-tax act:-sub-clause (i) inserts a new clause (xivb) in sub-section (3) to secure exemption in respect of income from "salaries" of a nonresident non-indian employee of a foreign shipping concern where his total stay in the taxable territories during the year does not exceed ninety days sub-clause (ii)-under clauses (xvii) and (xviia) of sub-section (3) of section 4 of the income-tax act, exemption is granted to income receivable in respect of small savings securities issued by the central government these clauses are being suitably re-drafted in order to make available the exemption in respect of all such securities that have already been issued or may be issued hereafter clause 3 amends section 5 with retrospective effect to clarify that the word "case" in sub-sections (2) and (5) includes completed assessments in respect of an assessee clause 4 amends section 10 to provide that development rebate will not be admissible in respect of road transport vehicles and office appliances clause 5 amends section 15b of the income-tax act to extend the tax exemption to donations made to government or a local authority, provided that the donations are to be utilised for a charitable purpose as defined in the act clause 6 amt;!nds clause (a) of sub-section (1) of section 16 of the income-tax act to clarify that the contributions made by an employee to his individual account in a recognised providend fund have to be included in his total income though they are exempt from income-tax under section 58f clause 7 amends sectiqn 46 of the income-tax act so as to include in the definition of collector other officers exercising the powers of a collector clause 8 amends items (2), (4) and (5) of the list of the basic industries mentioned in section 56a of the income-tax act to extend the benefit of that section to a larger number of such industries clause 9 inserts two new sections (59a and 59b) in the incometax act to relax its secrecy provisions-(i) to enable the central government to publish the names 'and other particulars of tax-payers who have been penalised or convicted for certain tax offences, and (ii) to enable the commissioner to disclose the amount of tax payable by an assessee to any person on application clause 10 inserts a new section (60b) to remove any doubt as to the effectiveness of the provisions contained in the act respecting assessment of tax for any period other than the previous year, deduction of tax at the source or payment of tax in advance clauses 11 to 13 make in the wealth-tax act, 1957, the expendituretax act, 1957 and the gift-tax act, 1958, amendments similar to those made in the income-tax act by clause 9 clauses 9, 11, 12 and 13 of the bill which relax the secrecy provisions of the indian income-tax act, 1922, the wealth-tax act, ]957, the expenditure-tax act, 1957 and the gift-tax act, 1958, authorise the making of rules with respect to matters (by using the expression "prescribe") like the form in which an applicant may apply to the commissioner for information regarding the tax payable by an assessee and the amount of fees payable by the applicant the proposed delegation of legislative power is of a normal character 286(~) ls-3 - - - - - - chapter i ~ationcharge or income-tax - - - - - 4 - - - - - - - - - - - (3) any income, profits or gains falling within the following classes shall not be included in total income of the person receiving them:-- - - - - - (xvii) interest on the 10 year treasury savings deposit certificates or the monthly payments on the 15 year annuity certificates issued by or under the authority of the central government for an amount not exceeding the maximum amount which is permitted to be invested therein - - (xviia) interest on deposits in post office savings bank, post office cash certificates, post office national savings certificates and post office national plan certificates for amounts not exceeding in each case the maximum amount which is permitted to be deposited or invested therein - - - - chapter ii income-tax authorities - •5 - - - - income-tax authorities (2) the central government may appoint as many commissioners of income-tax as it thinks fit and they shall perform their functions in respect of such areas or of such persons or classes of persons or of such incomes or classes of incomes or of such cases or classes of cases as the central board of revenue may direct, and where such directions have assigned to two or more commissioners of income-tax the same area or the same persons or classes of persons or the same income or classes of incomes or the same cases or classes of cases, they shall have concurrent jurisdiction subject to any orders which the central board of revenue may make for the distribution 8nd allocation of work to be performed - - - - - - (5) inspecting assistant commissioners of income-tax and income-tax officers shall perform their functions in respect of such persons or classes of persons or of such incomes or classes cf income or in respect of such areas as the commissioner of income-tax may direct, and where, such directions have assigned to two or more inspecting assistant commissioners of income-tax or income-tax officers, the same persons or classes of persons or the same incomes or classses of income or the same area in accordance with any ordl!rs which the commissioner of income-tax may make for the distribution and allocation of the work to be performed the commissioner may, by general or special order in writing, direct that the powers cnnferred on the income-tax officer and the appellate assistant commissioner by or under this act shall, in respect of any specified case or class of cases, be exercised by the inspectin~ assistant commissioner and the commissioner, respectively, and, for the purposes of any case in respect of which such order applies, references in this act or in any rules made hereunder to the income-tax officer and the appellate assistant commissioner shall be deemed to be references to the inspecting assistant commissioner and the commissioner, respectively - - - - - - (7 a) the commissioner of income-tax may transfer any case from one income-tax officer subordinate to him to another, and the central board of revenue may transfer any case from anyone income-tax officer to another such transfer may be made at any stage of the proceedings, and shall not render necessary the i·e issue of any notice already issued by the income-tax officer from whom the case is transferred expzanation-in this sub-section, 'case' in relation to any person whose name is specified in the order of transfer means all proceedings under this act in respect of any year which may be pending on the date of the transfer, and includes all proceedings under this act which may be commenced after the date of the transfer in respect of any year - - - - - - chapter iiitaxable income - - - - - exemptio:l 15h (1) the tax shall not be payable by an assessee in respect ~ d~c~~~ of any sums paid by him on or after the 1st day of april, 1953, as fobrl ch ri- donations to any institution or fund to which this section applies: t e purpoau provided that in the case of a company this exemption shall apply only in respect of income-tax and not in respect of super-tax payable by it: provided further that this exemption shall not apply-(a) if the aggregate of the sums so paid by the assessee is less than two hundred and fifty rupees, (b) to any sums paid in excess of one twentieth of the assessee's total income as reduced by any portion thereof exempt from tax under any other provisions of this act, or one hundred thousand rupees, whichever is less - - - - - - 16 (1) in computing the total income of an assessee-exemption lind ezcluaions delcrminin, the toll in~ome (a) any sums exempted under the first proviso to sub-section (1) of section 7, the second and third provisos to aection 8, sub-sections (2), (3), (4) and (5) of section 14, section 15, section 15b and section 15c shall be included, and any sum exempted under section 15a shall also be included except for the purpose of determining the rates at which income-tax (but not super-tax) is payable by the assessee to whom the exemption is given; - - - - - - chapter vi rilcovuy or tax and pj:naltibbtx when p··foible '" - '" - '" - 46 - - - - - - - - - - - (2) the income-tax oftlcer may forward to the collector a certificate under his signature specifying the amount of arrears due from an assessee, and the collector, on receipt of such certiflcate, shall proceed to recover from such assessee the amount specified therein as if it were an arrear of land revenue: provided that without, prejudice to any other powers of the collector in this behalf, he shall for the purpose of recovering the said amount have the powers which under the code of civil proce-s of 1908 dure, 1908, a civil court has for the purpose of the recovery of an amount due under a decree (sa) - - - - - - if the person to whom a notice under this bub-section is ient fails to make payment in pursuance thereof to the income-tax ofilcer, further proceedings may be taken by and before the collector on the footing that the income-tax officer's notice has the same effect as an attachment by the collector in exercise of his powers under the proviso to sub-section (2) of section 46 - - - - - - chapter ix super-tax - 56a (1) no super-tax shall be payable by a company on such &emption part of its total income as consists of dividends received from an ~=r; indian company formed and registered after the 31st day of march, di'ridendl 1952, where-(i) the central government is satisfied that the indian company is wholly or mainly engaged in an industry for the manufacture or production of anyone or more of the following, namely:-- - - (2) iron and steel; - (4) heavy chemicals including fertilizers; (5) heavy machinery used in industry including ball and roller bearing end gear wheels and parts thereof, boilers and steam generating equipment; omgipd-ls 1-205 m of l-26-4~i6so a billfurther to ldlend the indibn income-tax act, 1922, the wealthtax act, 1957, the expenditure-tax act, 1957 and the gifttax act, 1958 the president has, in pursuance of clause (i) of article 117 end clause (i) of article 274 of the constitution of india, recommended to lok sabha, the introduction of the bill m n kaul, sec1etary (shn morarji desai, minister of finance)

Parliament_bills

96442860-15a1-5eec-91fc-f1372b00f4d8

the educational tribunals bill, 2010 ———— arrangement of clauses ———— chapter i preliminary clauses1short title, extent and commencement2applicability of act3definitions chapter ii state educational tribunals4establishment of state educational tribunal5composition of state educational tribunal6qualifications for appointment as chairperson or member of state educational tribunal7selection committee8term of office, salaries and allowances of chairperson and members of state educational tribunal9resignation10 removal and suspension of chairperson and members of state educational tribunal 11 vacancies 12 member of state educational tribunal to act as its chairperson in certain cases 13 prohibitions as to holding of offices by chairperson or member on ceasing to be suchchairperson or member of state educational tribunal14 staff of state educational tribunal and their salaries and allowances 15 jurisdiction, powers and authority of state educational tribunal 16 manner of making application before state educational tribunal 17 applications not to be admitted unless other remedies exhausted 18 limitation 19 filing of appeal to national educational tribunal chapter iii national educational tribunal20 establishment of national educational tribunal 21 composition of national educational tribunal 22 qualifications for appointment as chairperson or member of national educationaltribunal23 selection committee 24 term of office, salaries and allowances of chairperson and members of nationaleducational tribunal25 resignation clauses26 removal and suspension of chairperson and members of national educational tribunal 27 vacancies 28 member of national educational tribunal to act as its chairperson in certain cases 29 prohibition as to holding of offices by chairperson or member on ceasing to be suchchairperson or member of national educational tribunal30 staff of national educational tribunal and their salaries and allowances 31 powers and authority of national educational tribunal 32 filing of application for adjudication of dispute by national educational tribunal 33 applications not to be admitted unless other remedies exhausted 34 limitation 35 appeal against order passed under this chapter chapter iv penalties36 penalty for failure to comply with orders of tribunal 37 execution of award or order of tribunal 38 cognizance of offences chapter v miscellaneous39 procedure of state educational tribunals and national educational tribunal 40 interim orders 41 proceedings before tribunal to be judicial proceedings 42 vacancy in state educational tribunals or national educational tribunal not to invalidateacts or proceedings43 members and staff of tribunals to be public servants 44 administrative control 45 dismissal of frivolous or vexatious complaints 46 finality of orders 47 exclusion of jurisdiction of civil courts 48 protection of action taken in good faith 49 act to have overriding effect 50 application of other laws not barred 51 non-applicability of this act to minority institutions in certain cases 52 power of central government to make rules 53 power of state government to make rules 54 rules to be laid before parliament and state legislature 55 power to remove difficultiesbill no 55 of 2010 the educational tribunals bill, 2010 a billto provide for the establishment of educational tribunals for effective and expeditious adjudication of disputes involving teachers and other employees of higher educational institutions and other stake holders (including students, universities, institutions and statutory regulatory authorities) and to adjudicate penalties for indulging in unfair practices in higher education and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the educational tribunals act, 2010(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 or dates as the central government may, by notification, appoint; and different dates may be appointed for different states and any reference in any provision of this act to the commencement of this act shall be construed in relation to any state or part thereof as a reference to the coming into force of that provision in that state or part thereofapplication of act2 this act shall apply to all higher educational institutions other than the higher educational institutions engaged mainly in agricultural education and researchdefinitions3 (1) in this act, unless the context otherwise requires,—(a) "academic member" means a member appointed as such under sub-section(2) of section 22;(b) "administrative member" means a member appointed as such under subsection (3) of section 22;(c) "affiliation" together with its grammatical variations, includes, in relation to a college or institution,—(i) recognition of such college or institution by a university; or (ii) association of such college or institution with a university; or (iii) admission of such college or institution to the privileges of a university; (d) "appropriate government",—(i) in relation to a union territory, means the central government; (ii) in relation to a state, means the government of the state in which the state educational tribunal is established under this act; (e) "appropriate state legislature" means such legislature of the state as has jurisdiction over the matter;(f) "appropriate statutory regulatory authority" means any authority established under any law for the time being in force for co-ordinating or determining or maintaining the standards of higher education and research;(g) "central educational institution" means—(i) a university established or incorporated by or under a central act; or (ii) an institution of national importance set up by an act of parliament;or3 of 1956(iii) an institution, declared as an institution deemed to be university under section 3 of the university grants commission act, 1956, and maintained by or receiving aid from the central government; or(iv) an institution maintained by, or receiving aid from,—(a) the central government, whether directly or indirectly; (b) affiliated to university referred to in sub-clause (i) or to an institution referred to in sub-clause (ii), or a constituent unit of an institution referred to in sub-clause (iii);21 of 1860(v) an higher educational institution set up by the central government under the societies registration act, 1860; (h) "chairperson" means the chairperson of a state educational tribunal or the national educational tribunal, as the case may be;(i) "college" means any institution, whether known as such or by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognised as competent to provide for such course of study and present students undergoing such course of study for examination for the award of such qualification;(j) "contractual provisions" in relation to a teacher or an employee engaged on contract by an higher educational institution means the provisions of the terms and conditions of the contract governing the service of such teacher or employee to such institution;3 of 1956(k) "degree" means any such degree, as may, with the previous approval of the central government, be specified in this behalf by the university grants commission, by notification in the official gazette, under section 22 of the university grants commission act, 1956;(l) "diploma" means such award, not being a degree, granted by a higher educational institution certifying that the recipient has successfully completed a course of study of not less than nine months duration;50 of 1985(m) "distance education systems" means the distance education systems as defined in clause (e) of section (2) of the indira gandhi national open university act, 1985;(n) "high court" means the high court of the state within whose jurisdiction the state educational tribunal is situated;3 of 1956(o) "higher educational institution" means an institution of learning including an university, an institution deemed to be university, a college, an institute, an institution of national importance declared as such by an act of parliament or a constituent unit of such institution, which is imparting (whether through conduct of regular classes or distance education system) higher education beyond twelve years of schooling leading to the award of a degree or diploma;(p) "institution deemed to be university" means an institution declared by the central government, as deemed to be a university under section 3 of the university grants commission act, 1956;(q) "judicial member" means a member appointed as such under sub-section(1) of section 22 and includes the chairperson;(r) "member" includes the chairperson and a member of the national educational tribunal or a state educational tribunal, as the case may be;(s) "national educational tribunal" means the national educational tribunal established under section 20;(t) "notification" means a notification published in the official gazette; and the expression "notify" with its cognote meanings and grammetical variations shall be construed accordingly;(u) "prescribed" means prescribed by rules made by the appropriate government or the central government, as the case may be, under this act;(v) "service" means service with an higher educational institution;(w) "service matters", in relation to a teacher or an employee of a higher educational institution means all matters relating to the conditions of their service as respects,—(w) remuneration including pay, allowances, pension and other retirement benefits permissible in accordance with the terms and conditions of service of, such teacher or employee;(ii) tenure including appointment, probation, confirmation, seniority, promotion, reversion, premature retirement or superannuation;(iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever;(x) "service rules" means the rules or regulations or statutes or bye-laws or ordinances or contractual provisions, as the case may be, of the higher educational institution, governing service matters, of any teacher or any employee (whether appointed on permanent or temporary or visiting or contract basis) of such institution;(y) "society" means a society registered under the societies registration act,1860 or under any corresponding law for the time being in force in a state;21 of 1860(z) "state educational tribunal" means a state educational tribuna established in a state under section 4;(za) "vice chancellor" means—(i) chief executive of a university; or (ii) head of a central educational institution, not leaving a college3 of 1956(2) words and expressions used and not defined in this act but defined in the university grants commission act, 1956 and not inconsistent with this act shall have the meanings respectively assigned to them in that act state educational tribunals4 the appropriate government shall, by notification, establish a tribunal to be known as the "state educational tribunal" to exercise the powers conferred upon it under this act:establishment of state educational tribunalprovided that an appropriate government may notify any educational tribunal existing before the commencement of this act as the "state educational tribunal" for the purposes of this act and thereafter the provisions of this act shall apply to such tribunal5 each state educational tribunal shall consist of a chairperson and two other members, of which not less than one shall be a woman, to be appointed by the appropriate governmentcomposition of state educational tribunal6 (1) a person shall be qualified to be appointed as the chairperson of a state educational tribunal, if such person is, or has been, a judge of the high court:provided that no appointment under this section shall be made except after consultation with the chief justice of the high court(2) a person shall be qualified to be appointed as a member of the state educational tribunal, if such person,—qualifications for appointment as chairperson or member of state educational tribunal(a) is not less than fifty-five years of age;(b) is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty years in dealing with matters relating to higher education, public affairs or administration in educational matters;(c) is, or has been, a vice chancellor or a person who is, or has been, of the rank and equivalence of a chief secretary of the state government (3) out of the two members referred to in sub-section (1) of section 5, one member shall be chosen from amongst persons who is, or, has been, the vice chancellor and the other member shall be chosen from amongst persons who is, or has been, the chief secretary of the state government or equivalent rankselection committee7 (1) the chairperson and members of the state educational tribunal shall beappointed by the appropriate government from a panel of names recommended by a selection committee, consisting of—(a) the chief justice of the high court or his nominee chairperson; (b) the chief secretary of the state governmentmember; (c) an officer of the state government of the rank and equivalence of a secretary to the government of india with experience in dealing with educational mattersmember(2) the secretary in charge of higher education in the department of education or department dealing with educational matters of the state government shall be the convenor of the meetings of the selection committee (3) the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribed by the appropriate government:provided that in the case of the selection committee in respect of an educational tribunal to be established in a union territory, the provisions of this section shall have the effect as if for the words "state government", the words "central government" has been substituted(4) no appointment of the chairperson or member of the state educational tribunal shall be invalid merely by reason of any vacancy in the selection committee (5) subject to the provisions of sub-sections (1) to (4), the selection committee may regulate its own procedure8 (1) the chairperson and every member of the state educational 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 reappointment:provided that the chairperson or other members of the state educational tribunal shall not hold office as such after he has attained the age of seventy yearsterm of office, salaries and allowances of chairperson and members of state educational tribunal(2) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of a state educational tribunal shall be such as may be prescribed by the appropriate government:provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson and other member shall be varied to their disadvantage after their appointmentresignation9 the chairperson or a member of the state educational tribunal may, by notice in writing under his hand addressed to the appropriate government, resign his office:provided that the chairperson or a member of the state educational tribunal shall, unless he is permitted by the appropriate 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 office or until the expiry of his term of office, whichever is the earliest10 (1) the appropriate government may, in consultation with the chief justice of the high court, remove from office the chairperson or any other member of the state educational tribunal, who—(a) has been adjudged an insolvent; orremoval and suspension of(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; or(e) is of unsound mind and stands so declared by a competent court; or (f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such chairperson or other member; or(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or(h) has been guilty of proved misbehavior; or (i) has such other disqualifications as may be prescribed by the appropriate government(2) notwithstanding anything contained in sub-section (1), no chairperson or a member of the state educational tribunal shall be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-section (1), except by an order made by the appropriate government after an inquiry made in this behalf by a judge of the high court in which such chairperson or such member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges(3) the appropriate government may, by rules, regulate the procedure for the inquiry referred to in sub-section (2)vacancies11 if, for any reason other than temporary absence, any vacancy occurs in the officeof the chairperson or a member of the state educational tribunal, the appropriate government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the state educational tribunal from the stage at which the vacancy is filled12 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the state educational tribunal by reason of his death or resignation, the senior-most member of the state educational tribunal shall act as the chairperson of the 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 officemember of state educational tribunal to act as its chairperson in certain cases(2) when the chairperson of the state educational tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties13 on ceasing to hold office,—(a) the chairperson or member of the state educational tribunal, as the case may be, shall, subject to the provisions of this act, be ineligible, for a period of five years from the date on which they cease to hold office, for further employment (including as consultant or expert or otherwise) in any higher educational institution within such state, whether under the central government or the government of any state or any private educational institution or in any institution whose matters had been before such chairperson or member;prohibitions as to holding of offices by chairperson or member on ceasing to be such chairperson or member of state educational tribunal(b) the chairperson or member shall not appear, act or plead before the state educational tribunal in which he had been the chairperson or member 14 (1) the appropriate government shall, after consultations with the chairperson of the state educational tribunal, determine the nature and categories of the officers and other employees required to assist the state educational tribunal in the discharge of its functions and provide such tribunal with such officers and other employees as it may think fitstaff of state educational tribunal and their salaries and allowances(2) the officers and other employees of the state educational tribunal shall discharge their functions under the general superintendence of the chairperson of such tribunal(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of a state educational tribunal shall be such as may be prescribed by the appropriate government15 save as otherwise expressly provided in this act, the state educational tribunal shall exercise powers and authority in relation to,—(a) service matters of any teacher or any other employee of a higher educational institution;jurisdiction, powers and authority of state educational tribunal(b) matters relating to affiliation of any higher educational institution (not being university) with the affiliating university;(c) matters relating to use of unfair practices, by any higher educational institution, which has been specifically prohibited under any law for the time being in force;(d) matters as may be assigned to it by any other law for the time being in force16 every application, for redressal of grievance or settlement of disputes relating to any of the matters specified under clauses (a) to (d) of section 15, shall be made to the state educational tribunal in such form and accompanied by such documents and on payment of such fee and the manner as may be prescribed by the appropriate governmentmanner of making application before state educational tribunal17 (1) the state educational tribunal shall, not admit any applications in respect of a matter under clause (a) of section 15 unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules for redressal of grievances or settlement of disputesapplications not to be admitted unless other remedies exhausted(2) for the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules or contractual provisions as to redressal of grievances or settlement of disputes,—(a) if a final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance or disputes; or (b) where no final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order with regard to the application or representation made or appeal preferred by such person, if a period of three months from the date on which such application or representation was made or appeal was preferred has expired; or(c) where no service rules exist on the service matter in disputeexplanation—for the purposes of this section, the words "final order" means an order passed by such final appellate authority of the higher educational institution as provided in the service rules but does not include an order passed in any arbitration or any conciliation proceedings under the arbitration and conciliation act, 199626 of 1996limitation18 (1) a state educational tribunal shall not admit an application,—(a) in a case where a final order referred to in clause (a) of sub-section (2) of section 17 has been made, unless the application is made, within a period of six months from the date on which such final order has been made;(b) in a case where an appeal or representation such as is mentioned in clause(b) of sub-section (2) of section 17 has been made and a period of three months had expired thereafter without such final order having been made, within a period of six months from the date of expiry of the said period of three months;(c) in any other matter, within a period of six months from the date the cause of action arose (2) notwithstanding anything contained in this section, an application may be admitted after the period of six months specified in clause (a) or clause (b) or clause (c) of this section, if the applicant satisfies the state educational tribunal that he had sufficient cause for not making the application within such periodfiling of appeal to national educational tribunal19 any person aggrieved by an order made by a state educational tribunal in respect of any matter specified under clauses (b) to (d) of section 15, may prefer an appeal against such order to the national educational tribunal within a period of sixty days from the date of the order, in such form and manner and accompanied with such documents and such fees as may be prescribed by the central government:provided that the national educational tribunal may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period chapter iii national educational tribunal 20 the central government shall, by notification, establish a tribunal to be known as the "national educational tribunal" to exercise the powers conferred upon it under this actestablishment of national educational tribunal21 (1) the national educational tribunal shall consist of a chairperson and such number of members not exceeding eight to be appointed by the central governmentcomposition of national educational tribunal(2) out of the eight members to be appointed under sub-section (1) —(a) two shall be judicial members; (b) three shall be academic members; (c) three shall be administrative members (3) not less than one-third of the total number of members appointed under subsection (1) shall be women(4) subject to the provisions of this act,—(a) the jurisdiction of the national educational tribunal may be exercised by benches thereof;(b) a bench may be constituted by the chairperson consisting of three members of which one member shall be a judicial member, one member shall be an academic member and one member shall be an administrative member (5) notwithstanding anything contained in sub-section (4), the chairperson may transfer a member from one bench to another bench(6) the national educational tribunal shall sit in new delhi 22 (1) a person shall be qualified, to be appointed as the chairperson or judicial member of the national educational tribunal, if such person is, or has been, a judge of the supreme court:provided that no appointment under this sub-section shall be made except after consultation with the chief justice of indiaqualifications for appointment as chairperson or member of national educational tribunal(2) a person shall be qualified to be appointed as an academic member of the national educational tribunal if such person,—(a) is not less than fifty-five years of age; (b) is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty-five years in dealing with matters relating to higher education or administration in educational matters;(c) is, or has been, a vice chancellor of any university, or a director of an institution of national importance (3) a person shall be qualified to be appointed as an administrative member of the national educational tribunal if such person,—(a) is not less than fifty-five years of age; (b) is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty-five years in dealing with matters relating to higher education, public affairs or administration in educational matters;(c) is, or has been, a secretary to the government of india or equivalent rankselection committee23 (1) the chairperson and members of the national educational 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 nomineechairperson; (b) the secretary in charge of higher education in the ministry of human resource development of the government of indiamember;(c) the secretary in the ministry of law and justice of the government of indiamember;(d) the secretary in charge of medical education in the ministry of health and family welfare of the government of indiamember;(e) the secretary in charge of the department of personnel and training of the government of indiamember (2) the secretary in charge of higher education in the ministry of human resource development of the government of india shall be the convenor of the meetings of the selection committee (3) the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribed by the central government(4) no appointment of the chairperson or member of the national educational tribunal shall be invalid merely by reason of any vacancy in the selection committee (5) subject to the provisions of sub-sections (1) to (4), the selection committee may regulate its own procedure24 (1) the chairperson and every other member of the national educational 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 reappointment:provided that the chairperson or other member of the national educational tribunal shall not hold office as such after he has attained the age of seventy yearsterm of office, salaries and allowances of chairperson and members of national educational tribunal(2) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the national educational tribunal shall be such as may be prescribed by the central government:provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson and other member shall be varied to their disadvantage after their appointmentresignation25 the chairperson or a member of the national educational 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 national educational 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 office or until the expiry of his term of office, whichever is the earliest 26 (1) the central government may, in consultation with the chief justice of india, remove from office, the chairperson or any other member of the national educational tribunal, who—(a) has been adjudged an insolvent; or (b) has engaged any time, during his term of office, in any paid employment; or removal and suspension of of national educational tribunal(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; or(e) is of unsound mind and stands so declared by a competent court; or (f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such chairperson or other member; or(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or(h) has been guilty of proved misbehavior; or (i) has such other disqualifications as may be prescribed(2) notwithstanding anything in sub-section (1), no chairperson or a member of the national educational tribunal shall be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) 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 such member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges(3) the central government may, by rules, regulate the procedure for the inquiry referred to in sub-section (2)vacancies27 if, for any reason other than temporary absence, any vacancy occurs in the officeof the chairperson or a member of the national educational 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 national educational tribunal from the stage at which the vacancy is filled28 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the national educational tribunal by reason of his death or resignation, the senior-most member of the national educational tribunal shall act as the chairperson of the 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 officemember of national educational tribunal to act as its chairperson in certain cases(2) when the chairperson of the national educational tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member of the national educational tribunal, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties29 on ceasing to hold office,—(a) the chairperson or member, as the case may be, of the national educational tribunal shall, subject to the provisions of this act, be ineligible, for a period of five years from the date they cease to hold office, for further employment (including as consultant or expert or otherwise) in any higher educational institution, whether under the central government or the government of any state or any private educational institution or in any institution whose matters had been before such chairperson or member; and prohibition as to holding of offices by chairperson or member on ceasing to be such chairperson or member of national educational tribunal(b) the chairperson or member shall not appear, act or plead before the national educational tribunal or the state educational tribunal 30 (1) the central government shall, after consultation with the chairperson of the national educational tribunal, determine the nature and categories of the officers and other employees required to assist the national educational tribunal in the discharge of its functions and provide such tribunal with such officers and other employees as it may think fitstaff of national educational tribunal and their salaries and allowances(2) the officers and other employees of the national educational tribunal shall discharge their functions under the general superintendence of the chairperson of such tribunal(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national educational tribunal shall be such as may be prescribed by the central government31 (1) save as otherwise expressly provided in this act, the national educational tribunal shall exercise powers and authority in relation to—powers and authority of national educational tribunal(a) any dispute between any higher educational institution and any appropriatestatutory regulatory authority;(b) any reference made to it by any appropriate statutory regulatory authorityamongst statutory regulatory authorities;(c) any matter of affiliation between any higher educational institution (otherthan a university) and the affiliating university, where such university is a central educational institution having powers of affiliation in two or more states;(d) any constituent unit of an institution deemed to be university or a centraleducational institution located in a state other than the state in which such institution deemed to be university or a central educational institution is located;(e) on the matters as may be assigned to it by any other law for the time beingin force(2) the national educational tribunal shall exercise appellate jurisdiction, as provided in section 19, over a matter under clauses (b) to (d) of section 15 decided by any state educational tribunal(3) the national educational tribunal shall have the power to call for the records and pass appropriate orders in any matter which is pending before or has been decided by any state educational tribunal, where it appears to the national educational tribunal that such state educational tribunal has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity(4) where cases involving the same or substantially the same issues, to the satisfaction of the national educational tribunal, either on its own motion or on an application made by a party to any such case, are pending before the national educational tribunal and one or more state educational tribunals or before two or more state educational tribunals, the national educational tribunal may withdraw the case or cases pending before the state educational tribunal or the state educational tribunals and dispose of all the cases itself:provided that the national educational tribunal may, after determining the said issues, return any case so withdrawn together with a copy of its order on such questions to the state educational tribunal from which the case has been withdrawn, and the state educational tribunal shall on receipt thereof, proceed to dispose of the case in conformity with such orderfilling of application for adjudication of dispute by national educational tribunal32 any person, for settlement of any dispute arising out of matters referred to in clause (a) or in clause (b) or in clause (c) or in clause (d) or clause (e) of sub-section (1) of section 31 may make an application, in such form and accompanied by such documents and on payment of such fee and the manner as may be prescribed by the central government, within a period of six months from the date when such dispute first arose:provided that the national educational tribunal may entertain an appeal or application after the expiry of the said period of six months, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said periodapplications not to be admitted unless other remedies exhausted33 (1) the national educational tribunal shall, not admit an application in respct of a service matter of any teacher or any other employee of the constituent unit of any institution deemed to be a university or central educational institution referred to in clause (d) of section 31 unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules for redressal of grievances(2) for the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,—(a) if a final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or (b) where no final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order with regard to the application or representation made or appeal preferred by such person, if a period of three months from the date on which such application or representation was made or appeal was preferred was made has expired; or(c) where no service rules exist on the service matters raised26 of 1996explanation—for the purposes of this section, the words "final order" means an order passed by such final appellate authority of the higher educational institution as provided in the service rules but does not include an order passed in any arbitration or any conciliation proceedings under the arbitration and conciliation act, 199634 (1) a national educational tribunal shall not admit an application,—limitation(a) in a case where a final order referred to in clause (a) of sub-section (2) of section 33 has been made, unless the application is made, within a period of six months from the date on which such final order has been made;(b) in a case where an appeal or representation such as is mentioned in clause(b) of sub-section (2) of section 33 has been made and a period of three months had expired thereafter without such final order having been made, within a period of six months from the date of expiry of the said period of three months;(c) in any other matter within a period of six months from the date the cause of action arose (2) notwithstanding anything contained in this section, an application may be admitted after the period of six months specified in clause (a) or clause (b) or clause (c) of this section, if the applicant satisfies the national educational tribunal that he had sufficient cause for not making the application within such period35 any person aggrieved by an order made by the national educational tribunal may prefer an appeal against such order to the supreme court within a period of sixty days from the date of the order:appeal against order passed under this chapterprovided that the supreme court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of sixty days chapter iv penalties36 whoever fails to comply with any order made by any state educational tribunal or the national educational tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten lakh rupees, or with bothpenalty for failure to comply with orders of tribunalexecution of award or order of tribunal37 (1) an order made by every state educational tribunal and the national educational tribunal, under this act shall be executable as a decree of a civil court, and for this purpose, the state educational tribunal and the national educational tribunal shall have all the powers of a civil court(2) notwithstanding anything contained in sub-section (1), the tribunal may transmit to the collector having jurisdiction over the concerned higher educational institution or against the person against whom an order had been made, and the collector shall execute the order(3) where the higher educational institution or any person, against whom the order is made by the state educational tribunal or the national educational tribunal, as the case may be, fails to make the payment or deposit the amount as directed by such tribunal within the period specified in the order, such amount shall be recoverable from such institution or person as arrears of land revenuecognizance of offences38 (1) no court shall take cognizance of any offence punishable under this chapter, save on a complaint made by the officer authorised by the national educational tribunal or a state educational tribunal, as the case may be(2) no court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate of first class shall try any offence punishable under this chapter chapter v miscellaneous5 of 190839 (1) for the purpose of inquiring into an application, every state educationaltribunal and the national educational tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—procedure of state educational tribunals and national educational tribunal(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits;1 of 1872(d) subject to the provisions of sections 123 and 124 of the indian evidenceact, 1872, requisitioning any public record or document or copy of such record or document from any office;(e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it ex parte;(h) setting aside any order of dismissal of any application for default or anyorder passed by it ex parte; and(i) any other matter which may be prescribed by the appropriate government orby the central government, as the case may be(2) a person making an application under this act may appear either in person or authorise one or more legal practitioners to present his case before the state educational tribunal or the national educational tribunal(3) any institution may authorise one or more legal practitioners or any of its officers to present its case before the state educational tribunal or the national educational tribunal5 of 1908(4) the state educational tribunal shall not be bound by the procedure laid down inthe code of civil procedure, 1908 but shall be guided by the principles of natural justice and subject to other provisions of this act and of any rules made by the appropriate government5 of 1908(5) the national educational tribunal shall not be bound by the procedure laid downin the code of civil procedure, 1908 but shall be guided by the principles of natural justice and subject to other provisions of this act and of any rules made by the central government(6) the state educational tribunal and the national educational tribunal shall conduct such proceedings as may be required for it to arrive at a conclusion provided that an opportunity of being heard and produce such evidence as may be necessary, shall be adequately offered to all the parties at issue(7) every proceeding referred to in sub-section (6) shall be conducted, in the case of the state educational tribunal, by its chairperson and at least one member thereof sitting together:provided that where a member of the state educational tribunal, for any reason, is unable to conduct a proceeding till it is completed, the chairperson and the other member of such tribunal shall continue the proceeding from the stage at which it was last heard by the previous member(8) every proceeding referred to in sub-section (6) shall be conducted, in the case of the national educational tribunal, by a bench constituted by the chairperson of the national educational tribunal under clause (b) of sub-section (4) of section 21(9) on the conclusion of proceedings, the state educational tribunal or the national educational tribunal, as the case may be, shall pass such orders as it deems fit and provide such relief as may be desirable, including the award of such punitive damages, as it deems fit, to the affected party at issue:provided that where the proceeding is conducted by the chairperson and one member of the state educational tribunal and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member of such tribunal for hearing on such point or points and the opinion of the majority shall be the order of the state educational tribunal:provided further that the order of the state educational tribunal on the matters covered under clause (a) of section 15 shall be final(10) every order made by the state educational tribunal or the national educational tribunal, as the case may be, under sub-section (9) shall be signed by the chairperson or member or members who heard the case and passed the orderinterim orders40 notwithstanding anything contained in any other provisions of this act or in anyother law for the time being in force, no interim order, whether by way of injunction or stay in any other manner, shall be made by a state educational tribunal or the national educational tribunal, as the case may be, on, or in any proceedings relating to, an application unless,—(a) copies of such application and of all documents in support of the plea forsuch interim order are furnished to the party against whom such application is made or proposed to be made; and(b) opportunity to be heard is given to such party in the matter45 of 186041 all proceedings before any state educational tribunal and the national educational tribunal, shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the indian penal codeproceedings before tribunal to be judicial proceedings42 no act or proceeding of any state educational tribunal or the national educational tribunal shall be questioned or be invalid merely on the ground of existence of any vacancy or defect in the establishment of the state educational tribunal and the national educational tribunalvacancy in state educational tribunals or national educational tribunal not to invalidate acts or proceedings45 of 186043 the chairperson and other members of the state educational tribunals and the national educational tribunal and the officers and other employees of the state educational tribunals and the national educational tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal codemembers and staff of tribunals to be public servants administrative control44 the national educational tribunal shall have administrative control over all the state educational tribunals in the following matters, namely:—(a) calling for periodical returns regarding the institution, disposal and pendency of cases;(b) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of orders written in any language, speedy grant of copies of documents;dismissal of frivolous or vexatious complaints(c) generally overseeing the functioning of the state educational tribunals to ensure that the objects and purposes of the act are best served without in any way interfering with their quasi-judicial freedom 45 where a matter instituted before any state educational tribunal or the national educational tribunal, as the case may be, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the application and make an order that the applicant shall pay to the opposite party such cost, not exceeding fifty thousand rupees, as may be specified in the orderfinality of ordersexclusion of jurisdiction of civil courts46 every order of a state educational tribunal or the national educational tribunal, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this act, be final47 no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the state educational tribunal or the national educational tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this actprotection of action taken in good faithact to have overriding effect48 no suit, prosecution or other legal proceeding shall lie against the central government or any state government or against the chairperson or any other member or any other person authorised by the chairperson of any state educational tribunal or the national educational tribunal, as the case may be, for anything which is done in good faith or intended to be done in pursuance of this act or any rule or order made thereunder in the discharge of official duties49 the provisions of this act shall have overriding 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 act50 the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceapplication of other laws not barred2 of 2005nonapplicability of this act tominorityinstitutions in certain cases51 nothing contained in this act or the rules made thereunder shall apply to any minority institution to the extent to which they are inconsistent with the functions and powers vested upon the national commission for minority educational institutions established under the national commission for minority educational institutions act, 2004 or provisions contained in that actpower of central government to make rules52 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the form and manner in which an appeal may be preferred, the documents which shall be accompanied with it and the fee payable in respect of filing of such appeal or for the service of execution of processes under section 19;(b) the term of the selection committee and the manner of selection of panel of names under sub-section (3) of section 23;(c) the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and other members of the national educational tribunal under sub-section (2) of section 24;(d) the other disqualifications for removal of the chairperson or other member of the national educational tribunal under clause (i) of sub-section (1), of section 26and, the procedure for the inquiry referred to in sub-section (3) of that section;(e) the salaries and allowances payable to, and other terms and conditions of, service of, the officers and other employees of the national educational tribunal under sub-section (3) of section 30;(f) the form in which an application may be made, the documents and other evidence by which such application shall be accompanied and the fee payable in respect of the filing of such application or for the service of execution of processes under section 32;(g) the other matters under clause (i) of sub-section (1) of section 39 in respect of which the national educational tribunal shall have the powers under the code of civil procedure, 1908 while trying a suit;5 of 1908(h) the procedure for conduct of proceedings of the national educational tribunal under sub-section (5) of section 39;(i) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules 53 (1) the appropriate government may, by notification in the official gazette, make rules to carry out the provisions of this actpower of state government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the term of the selection committee and the manner of selection of panel of names under sub-section (3) of section 7;(b) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the state educational tribunal under sub-section (2) of section 8;(c) the other disqualifications for removal of the chairperson or other member of the state educational tribunal under clause (i) of sub-section (1) of section 10, and the procedure for the inquiry referred to in sub-section (3) of that section;(d) the salaries and allowances payable to, and other terms and conditions of service of the officers and other employees of, the state educational tribunal under sub-section (3) of section 14;(e) the form in which an application may be made, the documents and other evidence by which such application shall be accompanied and the fee payable in respect of the filing of such application or for the service of execution of processes under section 16;(f) the other matters under clause (i) of sub-section (1) of section 39 in respect of which the state educational tribunal shall have the powers under the code of civil procedure, 1908 while trying a suit;5 of 1908(g) the procedure for conduct of proceedings of the state educational tribunal under sub-section (4) of section 39;(h) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rulesrules to be laid before parliament and state legislature54 (1) every rule made by the central government, under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(2) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that housepower to remove difficulties55 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date on which this act receives the assent of the president(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsin view of rapid growth in the higher education sector, which has resulted in increased litigation involving students, teachers, employees, managements of higher educational institutions and universities and others, there is an urgent need to provide for a mechanism for speedy resolution of their disputes to maintain and to improve the quality and efficient functioning of institutions of higher education2 the national policy on education, 1986, inter alia, states that educational tribunals would be established at the national and state level the programme of action, 1992 of the national policy on education also states that educational tribunals would be set up considering the large volume of legal disputes generated in the education system3 the goals of expansion in higher education to effectively compete with other countries can be achieved only if the regulatory regime and dispute-settlement process engender credibility and assurance it is, therefore, proposed to establish a two-tier structure of educational tribunals at national and state level to adjudicate on the entire gamut of disputes that arise in the higher education system through a fast track, speedy recourse to justice delivery such a reform of institutional structure would enable building an effective system of checks and balances in higher education which would help the orderly growth of the sector4 the proposed educational tribunals bill, 2010, inter alia, provides—(a) for establishment of the state educational tribunal consisting of a chairperson, who is or has been a judge of the high court and two other members, who have the ability, integrity and standing, and have adequate knowledge and experience of at least twenty years in dealing with matters relating to higher education, public affairs or administration in educational matters or is, or has been, a vice chancellor or a person who is, or has been, of the rank and equivalence of a chief secretary of the state government;(b) that the state educational tribunal shall exercise powers and authority in relation to—(i) service matters of any teacher or any other employee of a higher educational institution;(ii) matters relating to affiliation of any higher educational institution (not being an university) with the affiliating university;(iii) matters relating to use of unfair practices, by any higher educational institution, which has been specifically prohibited under any other law for the time being in force; and(iv) matters as may be assigned to it by any other law for the time being in force; (c) for establishment of the national educational tribunal consisting of a chairperson and upto eight other members of which two shall be judicial members who are, or have been, a judge of the supreme court; three shall be academic members who are, or have been, a vice chancellor of any university, or director of an institution of national importance; and three shall be administrative members who are, or have been, a secretary to the government of india or equivalent rank;(d) that the national educational tribunal shall exercise powers and authority in relation to—(i) any dispute between any higher educational institution and any appropriate statutory regulatory authority;(ii) any reference made to it by any appropriate statutory regulatory authority amongst statutory regulatory authorities;(iii) any matter of affiliation between any higher educational institution(other than an university) and the affiliating university, where such university is a central educational institution having powers of affiliation in two or more states;(iv) matters relating to any constituent unit of an institution deemed to be university or central educational institution located in a state other than the state in which such institution deemed to be university or central educational institution is located; and(v) matters as may be assigned to it by any other law for the time being in force; (e) that the chairperson or members of a state educational tribunal and the national educational tribunal shall be ineligible for a period of five years from the date they cease to hold office for further employment in any higher educational institution;(f) for imprisonment for a term which may extend to three years, or with fine which may extend to ten lakh rupees, or with both in case of failure to comply with any order made by any state educational tribunal or the national educational tribunal, as the case may be5 the notes on clauses explain in detail the various provisions contained in the bill 6 the bill seeks to achieve the above objectives kapil sibalnew delhi;the 19th april, 2010 notes on clausesclause 2—this clause specifies the institutions to which the provisions of the proposed legislation shall apply this provides that the proposes legislation shall apply to all higher educational institutions other than the higher educational institutions engaged mainly in agricultural education and researchclause 3—this clause defines certain words and expressions used in the bill clause 4—this clause empowers the concerned state government in case of states and the central government in case of union territories to establish a tribunal to be known as the "state educational tribunal" to exercise the powers conferred upon it under the proposed legislation in each state or union territory it also empowers the state government to notify any educational tribunal existing before the commencement of the proposed legislation as the state educational tribunal for the purposes of the proposed legislationclause 5—this clause provides that each state educational tribunal shall consist of a chairperson and two other members, of which one shall be a woman, to be appointed by the appropriate governmentclause 6—this clause specifies the qualifications for appointment as chairperson or members of the state educational tribunal sub-clause (1) provides that a person shall be qualified to be appointed as the chairperson of a state educational tribunal, if such person is, or has been, a judge of the high court and the appointment of the chairperson shall be made only after consultation with the chief justice of the high court sub-clause (2) provides that a person shall be qualified to be appointed as a member of the state educational tribunal, if such person is not less than fifty-five years of age and is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty years in dealing with matters relating to higher education, public affairs or administration in educational matters sub-clause (3) states that out of the two other members, one member shall be chosen from amongst persons who is, or, has been, the vice chancellor and the other member shall be chosen from amongst persons who is, or has been, the chief secretary of the state government or equivalent rankclause 7—this clause provides for the selection of the chairperson and other members of the state educational tribunal the selection committee shall comprise the chief justice of the high court or his nominee as its chairperson, the chief secretary of the state government and an officer of the state government of the rank and equivalence of a secretary to the government of india with experience in dealing with educational matters as its members it provides that the selection committee shall recommend a panel of names to the appropriate government for appointment sub-clause (2) provides that the secretary in charge of higher education in the department of education or department dealing with educational matters of the state government shall be the convenor of the meetings of the selection committee sub-clause (3) provides that the term of the selection committee and the manner of selection of panel of names may be prescribed by rules by the appropriate government sub-clause (5) provides that the selection committee may regulate its own procedure in its deliberations sub-clause (4) states that no appointment of the chairperson or member of the state educational tribunal shall be invalid merely by reason of any vacancy in the selection committeeclause 8—this clause provides that the chairperson and other member of the state educational tribunal shall hold office for a term of five years from the date on which they enter upon office and shall be eligible for reappointment, but shall not hold office after they have attained the age of seventy years sub-clause (2) provides that the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members shall be prescribed by the appropriate governmentclause 9—this clause provides the manner in which the chairperson or a member of the state educational tribunal may resign his office this provides that the chairperson or member may, by notice in writing under his hand addressed to the appropriate government, resign his office and shall, unless he is permitted by the appropriate 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 office or until the expiry of his term of office, whichever is the earliestclause 10—this clause provides the manner of removal of the chairperson or a member of the state educational tribunal it specifies the ground for removal of the chairperson and member which, inter alia, include where the chairperson or a member has been is an adjudged an insolvent or has engaged at any time during his term of office in any paid employment, or has been convicted of an offence which in the opinion of the central government involves moral turpitude, or has become physically or mentally incapable, or is of unsound mind and stands so declared by a competent court, or has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions, or has so abused his position as to render his continuance in office prejudicial to the public interest, or has been guilty of proved misbehavior or has such other disqualifications as may be prescribed under rules made by the appropriate government sub-clause (2) provides that no chairperson or a member of the state educational tribunal shall be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-clause (1) in this clause, except by an order made by the appropriate government after an inquiry made in this behalf by a judge of the high court in which such chairperson or member has been informed of the charges against him and given a reasonable opportunity of being heard sub-clause (3) empowers the appropriate government to regulate the procedure for the inquiryclause 11—this clause provides that if any vacancy occurs in the office of the chairperson or a member of the state educational tribunal for any reason other than temporary absence, the appropriate government shall appoint another person to fill the vacancy and the proceedings may be continued before the state educational tribunal from the stage at which the vacancy is filledclause 12—this clause provides that in the event of the occurrence of any vacancy in the office of the chairperson of the state educational tribunal by reason of his death or resignation, the senior-most member of the state educational tribunal shall act as the chairperson of the tribunal until the date on which a new chairperson appointed to fill such vacancy, enters upon his office it further also provides that when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the seniormost member shall discharge the functions of the chairperson until the date on which the chairperson resumes his dutiesclause 13—this clause provides for the prohibitions as to holding of offices by chairperson or member on ceasing to be such chairperson or member of state educational tribunal it provides that the chairperson or member shall be ineligible, for a period of five years from the date on which they cease to hold the office, for further employment in, or, in matters related to, any higher educational institution within the state, whether under the central government or the government of any state or any private educational institution and that the chairperson or member shall not appear, act or plead before the state educational tribunal in which they had been the chairperson or memberclause 14—this clause empowers the appropriate government to determine, after consultations with the chairperson of the state educational tribunal, the nature and categories of the officers and other employees required to assist the tribunal in the discharge of its functions and provide such tribunal with such officers and other employees as it may think fit it further provides that the officers and other employees of the state educational tribunal shall discharge their functions under the general superintendence of the chairperson of the tribunal it also empowers the appropriate government to determine the salaries and allowances payable and the other terms and conditions of service of the officers and other employees of the state educational tribunalclause 15—this clause specifies the jurisdiction, powers and authority to be exercised by the state educational tribunal in relation to service matters of any teacher or any other employee of a higher educational institution; matters relating to affiliation of any higher educational institution (not being an university) with the affiliating university; matters relating to use of unfair practices, by any higher educational institution, which has been specifically prohibited under any law for the time being in force and matters as may be assigned to it by any other law for the time being in forceclause 16—this clause empowers the appropriate government to prescribe the manner, the form, the documents required and the fees to be paid in making an application before the state educational tribunal for adjudication of any grievanceclause 17—this clause provides that the state educational tribunal shall not admit an application for adjudication in disputes under sub-clause (a) of clause 15 relating to service matters of any teacher or any other employee of a higher educational institution unless it is satisfied that the applicant had availed of all the remedies available under the relevant service rules for redressal of grievances or settlement of disputes sub-clause (2) provides that a person shall be deemed to have availed of all the remedies available to him under the relevant service rules or contractual provisions if a final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order, rejecting any appeal preferred or representation made by such person in connection with the grievance or disputes; or where no final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order with regard to the application or representation made or appeal preferred by such person, if a period of three months from the date on which such application or representation was made or appeal was preferred has expired; or where no service rules exist on the service matter in disputeit further provides that an order passed in any arbitration or any conciliation proceedings under the arbitration and conciliation act, 1996 would not be subject to adjudication by the state educational tribunalclause 18—this clause provides for limitation it provides that a state educational tribunal shall not admit an application in a case where a final order under clause (a) of subclause (2) of clause 17 has been made, unless the application is made within a period of six months from the date of the final order or in a case where an appeal or representation as mentioned in clause (b) of sub-clause (2) of clause 17 has been made and a period of three months had expired without any final order having been made, within a period of six months from the date of expiry of the period of three months it further provides that in any other matter the state educational tribunal shall not admit an application unless it has been made within a period of six months from the date the cause of action arose sub-clause (2) provides that the state educational tribunal may admit an application after the specified period of six months if the applicant satisfies the tribunal that he had sufficient cause for not making the application within this periodclause 19—this clause provides that any person aggrieved by an order made by a state educational tribunal may prefer an appeal against the order to the national educational tribunal within a period of sixty days from the date of the order it further empowers the national educational tribunal to entertain an appeal after the expiry of the period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within this periodclause 20—this clause empowers the central government to establish a national educational tribunal to exercise the powers conferred upon it under the proposed legislationclause 21—this clause provides that the national educational tribunal shall consist of a chairperson and such number of members not exceeding eight to be appointed by the central government sub-clause (2) provides that out or the eight other members, two shall be judicial members, three shall be academic members and three shall be administrative members sub-clause (2) specifies that not less than one-third of the total number of members shall be women sub-clause (4) provides that subject to the provisions of the proposed legislation, the jurisdiction of the national educational tribunal may be exercised by benches with a bench being constituted by the chairperson consisting of three members of which one member shall be a judicial member, one member an academic member and one member an administrative member sub-clause (5) provides that the chairperson may transfer a member from one bench to another bench sub-clause (6) provides that the national educational tribunal shall sit at new delhiclause 22—this clause specifies the qualifications for appointment as chairperson or members of the national educational tribunal sub-clause (1) provides that a person shall be qualified to be appointed as the chairperson or judicial member of the national educational tribunal, if such person is, or has been, a judge of the supreme court and the appointment of the chairperson shall be made only after consultation with the chief justice of india sub-clause (2) provides that a person shall be qualified to be appointed as a academic member of the national educational tribunal, if such person is not less than fifty-five years of age and is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty years in dealing with matters relating to higher education, public affairs or administration in educational matters or is or has been a vice-chancellor of any university or a director of an institution of national importance sub-clause (3) provides that a person shall be qualified to be appointed as a administrative member if he is not less then fifty-five years of age and is of ability, integrity and standing having knowledge and experience of not less than twenty-five years in dealing with matters relating to higher education, public affairs or administration in educational matters and is, or has been, a secretary to the government of india or equivalent rankclause 23—this clause provides for the selection of the chairperson and other members of the national educational tribunal sub-clause (1) provides that the selection committee shall comprise the chief justice of india or his nominee as its chairperson, the secretary in charge of higher education in the ministry of human resource development, the secretary in the ministry of law and justice, the secretary in charge of medical education in the ministry of health and family welfare and the secretary in charge of the department of personnel and training as its members which shall recommend a panel of names to the central government for appointment sub-clause (2) provides that the secretary in charge of higher education in the ministry of human resource development shall be the convenor of the meetings of the selection committee sub-clause (3) provides that the term of the selection committee and the manner of selection of panel of names shall be prescribed by rules by the central government sub-clause (4) states that no appointment of the chairperson or member of the national educational tribunal shall be invalid merely by reason of any vacancy in the selection committee sub-clause (5) provides that the selection committee may regulate its own procedure in its deliberationsclause 24—this clause provides that the chairperson and member of the national educational tribunal shall hold office for a term of five years from the date on which they enter upon office and shall be eligible for reappointment, but shall not hold office after they have attained the age of seventy years sub-clause (2) provides that the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members shall be prescribed by the central governmentclause 25—this clause provides the manner in which the chairperson or a member of the national educational tribunal shall resign office it provides that the chairperson or member may, by notice in writing under his hand addressed to the central government, resign his office and 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 office or until the expiry of his term of office, whichever is the earliestclause 26—this clause provides the manner of removal of the chairperson or a member of the national educational tribunal it specifies the grounds for removal which, inter alia, include where the chairperson or a member has been is an adjudged an insolvent, has or engaged at any time during his term of office in any paid employment, or has been convicted of an offence which in the opinion of the central government involves moral turpitude, or has become physically or mentally incapable, or is of unsound mind and stands so declared by a competent court, or has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions, or has so abused his position as to render his continuance in office prejudicial to the public interest, or has been guilty of proved misbehavior or has such other disqualifications as may be prescribed under rules made by the central government sub-clause (2) provides that no chairperson or a member of the national educational tribunal shall be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-clause (1) in this clause, 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 the chairperson or member has been informed of the charges against him and given a reasonable opportunity of being heard sub-clause (3) empowers the central government to regulate the procedure for the inquiryclause 27—this clause provides that if any vacancy occurs in the office of the chairperson or a member of the national educational tribunal for any reason other than temporary absence, the central government shall appoint another person to fill the vacancy and the proceedings may be continued before the national educational tribunal from the stage at which the vacancy is filledclause 28—this clause provides that in the event of the occurrence of any vacancy in the office of the chairperson of the national educational tribunal by reason of his death or resignation, the senior-most member of the national educational tribunal shall act as the chairperson of the tribunal until the date on which a new chairperson appointed to fill such vacancy, enters upon his office it further also provides that when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the seniormost member shall discharge the functions of the chairperson until the date on which the chairperson resumes his dutiesclause 29—this clause provides for the prohibitions as to holding of offices by chairperson or member on ceasing to be such chairperson or member of national educational tribunal it provides that the chairperson or member shall, subject to the provisions of the proposed legislation, be ineligible, for a period of five years from the date on which they cease to hold office, for further employment (including as consultant or expert or otherwise) in any higher educational institution, whether under the central government or the government of any state or any private educational institution and that the chairperson or member shall not appear, act or plead before the national educational tribunal in which they had been the chairperson or memberclause 30—this clause empowers the central government to determine, after consultations with the chairperson of the national educational tribunal, the nature and categories of the officers and other employees required to assist the tribunal in the discharge of its functions and provide such tribunal with such officers and other employees as it may think fit it further provides that the officers and other employees of the national educational tribunal shall discharge their functions under the general superintendence of the chairperson of the tribunal the clause also empowers the central government to prescribe the salaries and allowances payable and the other terms and conditions of service of the officers and other employees of the national educational tribunalclause 31—this clause specifies the jurisdiction, powers and authority to be exercised by the national educational tribunal it provides that jurisdication of the national education tribunal shall extend to matters of dispute between any higher educational institution and any appropriate statutory regulatory authority; any reference made to it by any appropriate statutory regulatory authority, disputes amongst statutory regulatory authorities; any matters of affiliation between any higher educational institution (other than an university) and the affiliating university, where such university is a central educational institution having powers of affiliation in two or more states; any constituent unit of an institution deemed to be university or a central educational institution is located in a state other than the state in which such institution deemed to be university or a central educational institution is located; and on matters as may be assigned to it by any other law for the time being in force sub-clause (2) provides that the national educational tribunal shall exercise appellate jurisdiction over any matter decided by any state educational tribunal sub-clause (3) provides that the national educational tribunal shall have the power to call for the records and pass appropriate orders in any matter which is pending before or has been decided by any state educational tribunal, where it appears to the national educational tribunal that the state educational tribunal has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction vested or has acted in exercise of its jurisdiction illegally or with material irregularity sub-clause (4) provides that the national educational tribunal may exercise jurisdiction in respect of matters vested in the state educational tribunal where cases involving the same or substantially the same issues, to the satisfaction of the national educational tribunal, either on its own motion or on an application made by a party to any such case, are pending before the national educational tribunal and one or more state educational tribunals or before two or more state educational tribunals, the national educational tribunal may withdraw the case or cases pending before the state educational tribunal or the state educational tribunals and dispose of all the cases itselfclause 32—this clause empowers the central government to prescribe the manner, the form, the documents required and the fees to be paid in making an application before the national educational tribunal for adjudication of any grievanceclause 33—this clause provides that the national educational tribunal shall not admit an application for adjudication in disputes relating to service matters of any teacher or any other employee of a higher educational institution or a central educational institution referred to sub-clause (a) of clause 3, unless it is satisfied that the applicant had availed of all the remedies available under the relevant service rules for redressal of grievances or settlement of disputes sub-clause (2) provides that a person shall be deemed to have availed of all the remedies available to him under the relevant service rules or contractual provisions if a final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order, rejecting any appeal preferred or representation made by such person in connection with the grievance or disputes; or where no final order has been made by the higher educational institution or other authority or officer or other person competent to pass such order with regard to the application or representation made or appeal preferred by such person, if a period of three months from the date on which such application or representation was made or appeal was preferred has expired; or where no service rules exist on the service matter in dispute it further provides that an order passed in any arbitration or any conciliation proceedings under the arbitration and conciliation act, 1996 would not be subject to adjudication by the national educational tribunalclause 34—this clause provides that a national educational tribunal shall not admit an application in a case where a final order referred to in clause (a) of sub-clause (2)of clause 33 has been made, unless the application is made within a period of six months from the date of the final order or in a case where an appeal or representation as in mentioned in clause (b) of sub-clause (2) of clause 33 has been made and a period of three months had expired without any final order having been made, within a period of six months from the date of expiry of the period of three months the clause further provides that in any other matter the national educational tribunal shall not admit an application unless it has been made within a period of six months from the date the cause of action arose sub-clause (2) provides that the national educational tribunal can admit an application after the specified period of six months if the applicant satisfies the tribunal that he had sufficient cause for not making the application within this periodclause 35—this clause provides that any person aggrieved by an order made by a national educational tribunal may prefer an appeal against the order to the supreme court within a period of sixty days from the date of the order the clause empowers the supreme court to entertain an appeal after the expiry of the period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within this periodclause 36—this clause specifies the penalties for failure to comply with orders of the tribunals under the proposed legislation it provides that a person shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten lakh rupees, or with both if he fails to comply with any order made by any state educational tribunal or the national educational tribunalclause 37—this clause provides that an order made by every state educational tribunal and the national educational tribunal under the proposed legislation shall be executable as a decree of a civil court, and for this purpose the tribunals shall have all the powers of a civil court sub-clause (2) provides that the tribunals under the proposed legislation may transmit the order to the collector having jurisdiction over the concerned higher educational institution or against the person against whom the order had been made, and the collector shall execute the order sub-clause (3) provides that where the higher educational institution or any person against whom the order is made by the tribunals, fails to make the payment or deposit the amount as directed by the tribunal within the period specified in the order, the amount shall be recoverable from the institution or person as arrears of land revenueclause 38—this clause provides that no court shall take cognizance of any offence except on a complaint made by an officer authorised by the national educational tribunal or a state educational tribunal under the proposed legislation sub-clause (2) provides that no court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate of first class shall try any offenceclause 39—this clause provides for procedure of the national educational tribunal or a state educational tribunal under the proposed legislation sub-clause (1) vests powers of a civil court under the code of civil procedure, 1908, while trying a suit in respect of the matters specified therein sub-clause (2) provides that a person making an application may appear either in person or authorise one or more legal practitioners to present his case before the state educational tribunal or the national educational tribunal sub-clause (3) provides that an institution may authorise one or more legal practitioners or any of its officers to present its case before the tribunals under this legislation sub-clauses (4) and (5) provides that the state educational tribunal or the national educational 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 other provisions of the proposed legislation and of any rules made by the appropriate government or the central government respectively in case if the state educational tribunal and the national educational tribunal sub-clause (6) provides that the tribunals shall conduct its proceedings as may be required for it to arrive at a conclusion provided that an opportunity of being heard and produce evidence is adequately offered to all the parties at issue sub-clause (7) provides that every proceeding before the state educational tribunals shall be conducted by its chairperson and at least one member sitting together however, where a member for any reason is unable to conduct a proceeding till it is completed, the chairperson and the other member of the tribunal shall continue the proceeding from the stage at which it was last heard by the previous member sub-clause (8) provides that every proceeding in case of national educational tribunal shall be conducted by its benches sub-clause (9) provides that on the conclusion of proceedings, the tribunals shall pass such orders as it deems fit and provide such relief including the award of such punitive damages, as it deems fit, to the affected party at issue it further provides that where the proceeding is conducted by the chairperson and one member of the state educational tribunal and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member of the said tribunal for hearing on the points of difference and the opinion of the majority shall be the order of the said tribunal sub-clause (10) provides that every order made by the state educational tribunal or the national educational tribunal shall be signed by the chairperson and member or members who heard the case and passed the orderclause 40—this clause provides the power of the tribunal relating to interim orders while hearing the matter it provides that no interim order, whether by way of injunction or stay in any other manner, shall be made by a state educational tribunal or the national educational tribunal in any proceedings unless copies of the application and of all documents in support of the plea for the interim order are furnished to the party against whom the application is made and opportunity to be heard is given to the opposing party in the matterclause 41—this clause provides that all proceedings before the tribunal shall be deemed to be judicial proceedings with the meaning of sections 193, 219 and 228 of the indian penal codeclause 42—this clause provides that no act or proceeding of any state educational tribunal or the national educational tribunal shall be questioned or be invalid merely on the ground of existence of any vacancy or defect in the establishment of the tribunalclause 43—this clause provided that the chairperson, other members and the officers and other employees of the state educational tribunals or the national educational tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 44—this clause provides for administrative control of the national educational tribunal over the state educational tribunals in the matter of calling for periodical returns regarding the institution, disposal and pendency of cases and issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of orders written in any language, speedy grant of copies of documents and generally overseeing the functioning of the state educational tribunals to ensure that the objects and purposes of the legislation are best served without in any way interfering with their quasi-judicial freedomclause 45—this clause provides for dismissal of frivolous or vexatious complaints filed before the tribunals and imposition of penalty it provides that where a matter instituted before any state educational tribunal or the national educational tribunal is found to be frivolous or vexatious, the concerned tribunal shall, for reasons to be recorded in writing, dismiss the application and make an order that the applicant shall pay to the opposite party the cost, not exceeding fifty thousand rupees, as may be specified in the orderclause 46—this clause provides for finality of the orders of the state educational tribunal or the national educational tribunal in case no appeal is filed against the orderclause 47—this clause ousts the jurisdiction of the civil courts to exercise the jurisdiction, power or authority in relation to such matters as are exercisable by the tribunals under the proposed legislationclause 48—this clause seeks to provide the protection to the central government, the state government, the chairpersons and any other members of the state educational tribunals or the national educational tribunal or any other person against suit, prosecution or other legal proceeding for the action taken in good faith or in discharge of the official dutiesclause 49—this clause provides that the provisions of the proposed legislation shall have an overriding effect on any other law for the time being in force or any instrument having the force of lawclause 50—this clause provides that the provisions of this legislation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 51— this clause provides that nothing contained in the proposed legislation or the rules made thereunder shall apply to any minority institution to the extent to which they are inconsistent with the functions and powers vested upon the national commission for minority educational institutions established under the national commission for minority educational institutions, 2004 or provisions contained in that actclause 52—this clause provides for power of the central government to make rulesit provides that the central government may, by notification in the official gazette, make rules to carry out the provisions of the proposed legislation sub-clause (2) specifies matters for which such rules may be made by the central governmentclause 53—this clause provides for power of the state government to make rules it provides that the appropriate government may, by notification in the official gazette, make rules to carry out the provisions of the proposed legislation sub-clause (2) specifies matters for which such rules may be made by the appropriate governmentclause 54—this clause provides that every rule made by the central government shall be required to be laid before each house of parliament and every rule made by the state government shall be required to be laid before the appropriate state legislatureclause 55 —this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the proposed legislation such orders could be made only within two years from the commencement of the proposed legislation sub-clause (2) provides that every order issued under this clause is required to be laid before each house of parliament financial memorandumclause 20 of the bill provides that the central government shall establish as the national educational tribunal to exercise the powers conferred on it by or under the proposed legislation clause 21 of the bill provides that the tribunal shall consist of a chairperson and, two judicial members, three academic members and three administrative members sub-clause (2) of clause 24 of the bill provides that the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and other members shall be determined by the central governments sub-clause (1) of clause 30 of the bill empowers the central government to determine after consultation with the chairperson the nature and categories of officers and other employees required to assist the tribunal sub-clause (3) of said clause provides the salaries and allowances payable to, and the other terms and conditions of service, of the officers and other employees of the tribunal2 on a representative basis, the recurring annual expenditure on salary of the chairperson, members, officers and other staff of the national educational tribunal and other administrative expenses is estimated to be one crore and twenty-five lakh rupees and the one-time capital investment is estimated to be about ten crore rupees3 clause 4 of the bill provides that the central government shall establish the state educational tribunal in each union territory to exercise the powers conferred on it by or under the proposed legislation clause 5 of the bill provides that the tribunal shall consist of a chairperson and two other members sub-clause (2) of clause 8 of the bill provides that the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and other members shall be determined by the central government subclause (1) of clause 14 of the bill empowers the central government to determine after consultation with the chairperson the nature and categories of officers and other employees required to assist the tribunal sub-clause (3) of said clause provides for the salaries and allowances payable to, and the other terms and conditions of service, of the officers and other employees of the tribunal4 on a representative basis, the recurring annual expenditure on salary of the chairperson, members, officers and other staff of each state educational tribunal and other administrative expenses is estimated to be one crore rupees and the one-time capital investment is estimated to be about ten crore rupees for the seven union territories, the annual recurring expenditure is estimated to be seven crore rupees and the one-time capital investment of seventy crore rupees5 the manpower requirement and the total financial implication in terms of recurring and non-recurring expenditure as well as the modalities involved would however, be determined after appointment of the chairperson and members of the proposed state educational tribunal hence, it would be difficult to work out the exact expenditure, both recurring and non-recurring at this stage memorandum regarding delegated legislationsub-clause (1) of clause 52 empowers the central government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) includes—(a) the matters in respect of which such rules may be made these matters, inter alia, specifies the form and manner in which an appeal may be preferred, the documents which shall be accompanied with it and the fee payable in respect of filing of such appeal or for the service of execution of processes under clause 19; (b) the term of the selection committee and the manner of selection of panel of names under subclause (3) of clause 23; (c) the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and other members of the national educational tribunal under sub-clause (2) of clause 24; (d) the procedure for the inquiry referred to in sub-clause (3) of clause 26; (e) the salaries and allowances payable to, and other terms and conditions of service of the officers and other employees of the national educational tribunal under sub-clause (3) of clause 30; (f) the form in which an application may be made, the documents and other evidence by which such application shall be accompanied and the fee payable in respect of the filing of such application or for the service of execution of processes under clause 32; (g) the other matters under clause (i) of sub-clause (1) of clause 39 in respect of which the national educational tribunal shall have the powers under the code of civil procedure, 1908 while trying a suit; (h) the procedure for conduct of proceedings of the national educational tribunal under sub-clause (5) of clause 392 sub-clause (1) of clause 53 empowers the state government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) the term of the selection committee and the manner of selection of panel of names under sub-clause (3) of clause 7; (b) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the state educational tribunal under sub-clause (2) of clause 8; (c) the procedure for the inquiry referred to in sub-clause (3) of clause 10; (d) the salaries and allowances payable to, and other terms and conditions of service of the officers and other employees of, the state educational tribunal under sub-clause (3) of clause 14; (e) the form in which an application may be made, the documents and other evidence by which such application shall be accompanied and the fee payable in respect of the filing of such application or for the service of execution of processes under clause 16; (f) the other matters under clause (i) of sub-clause (1) of clause 39 in respect of which the state educational tribunal shall have the powers under the code of civil procedure, 1908 while trying a suit; (g) the procedure for conduct of proceedings of the state educational tribunal under sub-clause (4) of clause 39 in so far as it relate to a union territory, the central government shall make rules for the purposes of this clause3 clause 54 provides that every rule made by the central government are required to be laid before each house of parliament and every rule made by the state government are required to be laid before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house4 the matters in respect of which rules may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character lok sabha———— a billto provide for the establishment of educational tribunals for effective and expeditiousadjudication of disputes involving teachers and other employees of higher educational institutions and other stake holders (including students, universities, institutions and statutory regulatory authorities) and to adjudicate penalties for indulging in unfair practices in higher education and for matters connected therewith or incidental thereto————

Parliament_bills

106e8416-c667-5703-8050-12c780037319

bill no 252 of 2018 the cantonments (amendment) bill, 2018 byshri chandrakant khaire, mpabillto amend the cantonments act, 2006be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the cantonments (amendment) act, 2018short title, extent and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint41 of 20065insertion of new chapter iva2 after chapter iv of the cantonments act, 2006, the following chapter and sections thereunder shall be inserted, namely:— "chapter iva constitution of inspection and promotion committee65a (1) the central government shall, by notification in the official gazette, constitution of the inspection and promotion committee(2) the committee shall consist of:—(a) the union minister of home affairs, ex-officio chairperson;(b) the union minister of defense, ex-officio member; (c) chief minister of states with cantonment boards, ex-officio members;5(d) two members of parliament, one from the house of the people and one from the council of states having experience in dealing with cantonment board area;(e) three members, one each from army, air force and navy-members; (f) an officer from indian administrative service or equivalent officer- secretary;10(3) the central government shall provide such number of officers and staff to the committee as required for its efficient functioning(4) the committee shall meet atleast two times in a month or as the chairperson may, in consultation with the secretary decide (5) the salary and allowances payable to and other terms and conditions of service of the officers and staff of the committee shall be such as may beprescribed1565b the committee shall,—functions of the committee(a) undertake assessment of residents living below poverty line in thecantonment board areas and provide the benefit of government schemes to such residents;(b) take measures to grant entitlement rights to inhabitants, or residentsof old grant bungalows of cantonment board areas;20(c) examine the problems of residents living below poverty line cantonmentboard areas;25(d) review the need of land in public interest and the allocation of additionalland to meet the requirement of residents in general and to the residents living below poverty line in particular; and(e) undertake such other function as may be assigned to it, from time totime for carrying out the functions under this act statement of objects and reasonsbritish came to india in the year 1600 as traders and gradually expanded their roots across the country robert clive started this policy of building cantonments in india the first cantonment was established in barackpore in the year 1772 the definition of cantonment had acquired wider meaning by the beginning of the 19th century it was being considered as a stipulated area specially marked out for the use of the armed forcesthe first war of independence in the year 1857 triggered the construction of large military establishments in india army personnel including their domestic workers and servants and also foreign traders, anglo-indian, other european and local people (who were given special facility and rights by army policy-makers) were given the right to reside in them the british had formulated concepts and conditions such as old grant bungalow (ogw), free hold lease, perpetual ie permanent lease, temporary lease, etc civilians ie non-military personnel were permitted to build bungalows subject to condition that they would provide them to officers on reasonable rent the bungalows or quarters in the cantonment area could not be sold or rented to any person not belonging to the british armyduring the present times, cantonment boards do not exist in britain, america or any other developed or developing countries seventy one years after the british had left india, the inhabitants of these areas are still governed by old colonial british laws and rules such as governor general orders (440) of 12 september, 1826 eleven british laws are still applicable to them all the members of parliament had given their consent during a discussion on motion number 141 moved - in parliament that all these cantonment board should be discontinued the 73rd amendment to constitution advocated panchayati raj institutions in all the units of local governance but it has not been implemented in cantonment board army officers have been fulfilling basic needs such as cleanliness according to rules and orders issued by local military authoritiesit is high time that around twenty lakh people residing in these cantonment boards should be given the right to live with dignity and right to own property like other citizens of the country then, only the people living in india can become part of "swaraj" also, a commission or high-powered committee should be constituted to examine the problems of each cantonment area, review unjust british acts and conduct fresh review of the need of land in public interest and allocation of additional land although the namely thie cantonment act, 2006 has been enacted to administer cantonment areas with a view to impart greater democratisation and development of the area however, the concerns of inhabitant particular the persons living below poverty line in the cantonment areas still remain unaddressed the bill, therefore, seeks to amend the cantonments act, 2006 with a view to constitute an inspection and promotion committee to assess the inhabitants living below poverty line in the cantonment areas and provide them the benefits for government schemeshence this bill financial memorandumclause 2 of the bill provides for constitution of the inspection and promotion committee to assess the inhabitants living below poverty line in the cantonment areas and provide them the benefit of government schemes it also provides for appointment of officers and staff to the committee the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees five hundred crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of rupees one hundred crore is also likely to be involved lok sabha———— a billto amend the cantonments act, 2006————(shri chandrakant khaire, mp)mgipmrnd—2639ls(s3)—21122018

Parliament_bills

652b614d-cd51-57fe-9bd6-c18f82d83e9d

clause 4 of the bill provides for creating infrastructure for compulsory rainwater harvesting in government buildings clause 6 provides that the appropriate government shal! construct, repair and protect water bodies clause 7 provides that the appropriate government shall give publicity to benefits of rainwater harvesting and provide assistance to non-governmental organisations and private sector for the purpose of creation of rainwater harvesting infrastructure clause 8 provides that central government shall provide requisite funds to the states and union territories for carrying out the purposes of the bill therefore, the bill, if enacted, is likely to 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 recurring expenditure per annum a 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

Parliament_bills

6fd609df-7cf5-5cda-8565-273a0b3150fd

bill no 88 of 198% the contingency fund of india (amendment) bill, 1982it bill further to amend the contingency fund of india act, 1950 be it enacted by parliament in the thirty-third year of the republic of india as follows:-1 this act may be called the contingency fund of india (amend-short title ment) act, 1982 49 of 1950 5 ~ in the contingency fund of india act, 1950, section -i shall be amendmentor sectioi1 4 numbered as sub-section (1) thereof, and-(a) in sub-section (1), as 80 numbered, after the words "central government may", the words ", by notification in the official gazette," shall be inserted; and 18 (b) after sub-section (1), as so numbered, the following sub- section shall be inserted, namely:-15 20 "(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one se-:ision 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 ho'uses 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 sllch modification or annulment shall be without prejudice to the validity of anything previously done under that rule" statement of objects and reasonssection 4 of the contingency fund of india act, 1950 empowers the central government to make rules for regulating all matters connected with or ancillary to the custody of, the payment of moneys into and the withdrawal of moneys from, the contingency fund of india with a view to implementing the recommendations made by the committee on subordinate legislation with respect to the publication and laying of rules and regulations, the bill seeks to amend the said section to provide for the publication of the· rules made thereunder in the official gazette and for the laying of such rules before parliament new delhi; the 28th june, 1982 pranab mukherjee president's recommendation under article 117 of the constitution of india[copy of letter no f 1/3s/81-tce, dated the srd tuly, 1982 from shri l'ranab kumar mukherjee, minister of finanee to the secretary, loksabba) the president, h~ving been informed of the subject jnat~r of the proposed bill, reeommends under article 117 (1) of the constitution, introduction cf the contingency fund of india (amendment) :sill, 1982 ip lo~ sabha • corr! gelldum to the ojntingency fund of thdia (amendment) bill, 1982 i-to belas introduced in ipk si'bha / page 2, line 6,-!su: "commit tee" ~ "commit tee s" new deihl; julv 1 'j' - 19b 2 asadha 24, 1904 (saka) ~, /j annexure exnlact from the contingency fund of india alct, 1950(49 of 1950) - - - - - power to make rules 4 for the purpose of carrying out the objects of this act, the central government may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into and the withcitawal of moneys from, the contingency fund of india ' - - - - t , ' a billfurther to amend the contingency fund of india act, 1950 , (shri pramb kumar mukherjee, minister of finance)

Parliament_bills

1c8027aa-6047-50b9-ac90-1e227a7e9885

bill no 337 of 2015 the population control bill, 2015 byshri rajesh pandey, mp a billto control the growth of population in the country and for matters connected therewith and 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 population control act, 2015short title,extent andcommencement(2) it extends to the whole of india (3) it shall come into force on such a date, as the central government may, by notificationin the official gazette, appoint5definitions2 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;(ii) "board" means the national population control board constituted under section 3; (iii) "fund" means the population control fund constituted under section 5; and(iv) "prescribed" means prescribed by rules under this act5 3 (1) the central government shall, within six months of the coming into force of this act, constitute a board to be known as the national population control board(2) the board shall consists of—constitution of national population control board(a) a chairperson, having such qualifications and experience, as may be prescribed, to be appointed by the central government;10(b) secretaries of the union ministries of human resource development, health and family welfare, social justice and empowerment, panchayati raj and minority affairs as members;(c) chief secretaries of state governments as members; (d) director of the institute of population studies as member;(e) director of the national institute of health and family welfare as member;15(f) one representative each from the medical council of india and family planning association of india as member;(g) two members from non-governmental organisations working in the field of population control as members to be appointed by the central government in such manner as may be prescribed; and20(h) two persons having experience in the field of population studies to be appointed by the central government in such manner as may be prescribed4 the board shall—(i) formulate two child norm policy within six months of its constitution;functions and duties of board25(ii) implement two child norm policy;(iii) recommend to the central government the penalty to be imposed on persons who do not follow the two child norm policy;(iv) recommend to the central government the incentives to be given to persons who follow two child norm policy;30(v) formulate a coherent, integrated and comprehensive long-term plan which shall ensure continued implementation of two child norm policy;(vi) organise family planning workshops and launch family planning clinics; (vii) undertake, promote and publish studies and investigations on indian population in all its aspects;35(viii) assemble and disseminate technical and scientific information relating to medical, social, economic and cultural phenomena which affect or are affected by population;(ix) call upon any department, bureau, office or agency or instrumentality for such assistance as it may require for the efficient performance of its functions;40(x) establish and adopt qualitative goals for the implementation of two child norm policy;(xi) undertake study on the effects of alternative rates of population growth on family;(xii) frame syllabus for inclusion of family planning in the school curriculum and higher education;(xiii) provide safe and effective means to couples desiring to space or limitfamily size;(xiv) suggest measures to reduce mortality and morbidity rates;5(xv) formulate policies and programs aimed at guiding and regulating labourforce, internal migration and spatial distribution of population;(xvi) co-ordinate with international agencies and private organizations concernedwith population problems to overcome the problem of rising population; and10(xvii) undertake such other tasks as may be assigned to it by the centralgovernment5 (1) the central government shall constitute a fund to be known as the population control fund for carrying out the purpose of this actnational population fund(2) the following shall be credited to the fund—(i) contributions and grants from the central government; and15(ii) donations and grants from sources within and outside india(3) the fund shall be utilised by the board in such manner as may be prescribed: provided that not more than fifteen percent of the fund of the board shall be utilized for meeting expenses of the board20meetings and committees6 (1) the board shall meet at least once in a month at such place and shall observesuch procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed(2) the chairperson or, if he is unable to attend, such other member of the board, as may be chosen by the members present at the meeting from amongst themselves, shall preside over the meeting25board to constitute committees7 the board shall constitute continuing or ad-hoc committees consisting of such number of members of the board or such other experts as may be deemed necessary to conduct studies for the board, or to assist it in the efficient discharge of its functionsother staff of the board8 (1) the board shall appoint an executive director who shall be the secretary to the board30(2) subject to the direction and supervision of the chairperson of the board, the executive director shall be responsible for the operation of the national population program, preparing periodic progress of program and annual budget estimates, and for recommending policy to the board, and perform such other duties as may be prescribed35(3) the board shall appoint such other staff as may be necessary to carry out theprovisions of this act and shall arrange for such services as the chairperson may deem necessary for the performance of the board's work9 the salary and allowances payable to and other terms and conditions of service of chairperson, members, executive director and other staff and officers of the board shall be such as may be prescribed40salary and allowances of chairperson and members of the boardannual report and its laying before parliament10 (1) the board shall prepare once every year in such form, as may be prescribed, an annual report giving summary of its activities including information relating to plans, programs and policies relating to population control during the previous year and such report shall contain statements of annual accounts of the board5(2) a copy of the report shall be forwarded to the central government and the central government shall cause such report to be laid, as soon as may be, after it is received, before each house of parliament11 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the provisions of the act10 12 the central government shall, after due appropriation made by parliament by law in this behalf, provide such amount of funds to the state governments, as may be necessary for carrying out the purposes of this actcentral government to provide adequate fundpower to make rules13 (1) the central government may, by notification in the official gazette, make rules for carrying the purpose of this act15 20(2) every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modifications in the rule of both the houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule statement of objects and reasonsone of the most serious social and economic problems that are being faced by india today is its large population and rapid growth our government has regarded a growing population as a catalyst for bringing about swift economic development we have been following the growth differently, with one-fifth of the world's population but only five per cent, of the world's arable land continuing rapid population growth would bring about hardships, extreme poverty, and famine in the country soon we are going to be the number one country in the world in population the need is to frame a policy to ensure that india which has been historically prone to severe floods and natural disasters and facing problems of high urban growth of population and migration, is able to feed its people the rapid population growth that occurred after the independence could not be controlled by subsequent governments with policies prevalent from time to time we don't have legislation for population control the existing policies has at times been praised as an effective tool for ensuring the moderate control but not able to control its large population to increase the share of each indian in the fruits of economic progress and meeting the grave social and economic challenge of a high rate of population growth, a national legislation which respects the secular beliefs of the constitution and applies to all equally is required to be framedhence this billnew delhi;rajesh pandeynovember 13, 2015 financial memorandumclause 3 of the bill provides for constitution of the population control board clause 4provides for providing incentives to the persons following two child norm policy it also provides for publishing of studies of the board clause 5 provides for constitution of the population control fund clause 11 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 moreover, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one thousand crore will be involved as a recurring expenditure 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 13 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 control the growth of population in the country and for matters connected therewith and incidental thereto————(shri rajesh pandey, mp)gmgipmrnd—3182ls(s3)—09-12-2015

Parliament_bills

e3ae0a04-3363-559f-a592-b31f6246a05c

bid no zz of 1_ the appropriation (railways) no2 bill, 1982 bill'tc! authorise p~nt and appropriation of certain further buom8 from and out cyf the consolidated fund cyf india f01' the se1'vices of the financial year 1981-82 for the purposes of railways be it enacted by parliament in the thirty-third year at the republic 01 india as follows: - -1 this act may be called the appropriation (railways) no 2 act, 1982 short title laue of 5 z 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 swn of one hundred and thirty-eight crores, twenty-four lakhs and seventeen' thousand rupees towards defraying the several charges which will come in course of pay-10 ment during the financial year 1981-82, in respect of ~ services relating to rauwayi specified m column 2 of the schedule ra13~2f, 1'1,000 out of the con-,lldated funddl india - tor the ftnanclal year 1981-82 3 the sums authorised to be paid and applied trom and out of the approprl-ctlnsolidated fund of india by this act shall be appropriated for the services and purposes expresled in the schedule in ~tion to the said ation is year 3 1 2 servicee 'and purpolt'l sum(~ not· excacdina 5 n;» of vote ~i--~~----~-voted by characd on parlilmen t the c:ol"loli-total datecifund i~-'--~-'--------------~i------------~~i~i---'---'-rio lu rio railway board 14,05,000 10 24,05,000 i~ : sfitr-!,_ expenditure (general) 0 - 13,000 13,000 3 general superintendence and seryicee !,63,74,ooo 5,65,74,000 repaira and maintenance 0 ofp - manent way and worb 0 7,99,00,000 1,02,29,000 's 5 refab:! and maintenance of mo: uwpower 0 0 - 7,72,21 ,000 ',72,21,000 ~38,37,000 20 ' ''andmaiatenance of cam- andwaron 0 12,38,30,000 7 i repain &lid miatmanl:e of plant 0 and equipment 0 0 0 7,69,04,000 i,io,ooo 7,70,14,000 1 1,02,32,000 i ll,02,3!ooo - i 10,91,86,000 25 10,98;86,000 8 operatin, expen_rolling stock and equipment 9j ~~tnlbie 1,u, •• ooo 1,84,69,000 1 i staft'welfme and amenitie 5,45,80,000 ill: milc:ellaneoui worldr, expenicl 0 4,69,63,000 23,99,29,000 13; frov,idat fluid, peniion and other llctirementbenefita 0 23,99,29,000 14 app-opriatioll to fundi 8,3l32,ooc) 30 8,3j32,ooo u dividend to general revenucl, ~t of loan taken fi"om gedei-al 1leyenucii ana amortization of qvercapitlilization 1624,99,000 l6,)1,99,ooo 16 '-'-acquiiitiod, contruedon andreplaccment 0 other expenditure 18,39,19,000 z678,~ llr,6s,97,ooo total lor sabha corli! gejillljm to th& approiiiii'iion (ralu ys) no2 bill, 1982 (1'0 be/as introduced in lok sabha) page 2, a&ainst vote no4, in column 2, under the heading "services ami purposes" --for lip manent" read "permanent" ' mlj delbi· , march 12, 1982 phaiguna 21, 1903 (saka) statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution ot india, read with article 115 thereof, to provide tor the appropriation out of the consolidated fund of india of the moheys required to meet the lupplementary expenditure charged on the consolidated fund of ~dia and thp grant made by the lok sabha tor expenditure of tlte' central government on railways, for the financial year 1981-82 p·c sethi" prbsiddn's" ~ation ~ article 117 of, the constitution oj' india[copy of letter no 82-b-402, dated the 8th march, 1982 from shri p c ~thi, minister of railways to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed appropriation bill to authorise payment and appropriation of certaiii further sums trom and out of the consolidated fund of india for the services of the financlal year 1981-82 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the appropriation bill - bnlto authorise payment iuld appropriation of certain further sum from and out of the consolidated fund of india for the services of the financial year 1981-82 !or the purposes of railways - - (shn; p c sethi, minister cy/ raillway,) \

Parliament_bills

371435c8-fd92-509d-bfcd-5672e91807c8

bill no 342 of 2015 the national asylum bill, 2015 by shri feroze varun gandhi, mp a billto provide for the citizenship rules of refugees and asylum seekersbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called national asylum act, 2015(2) it extends to whole of india except the state of jammu and kashmirshort 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, the unless context otherwise requires,—(a) "asylum seeker" means a foreigner who seeks recognition and protection asa refugee;10(b) "country of origin" means the refugee's country of nationality, or if he has nonationality, his country of former habitual residence;(c) "prescribed" means prescribed by rules made under his act;(d) "refugee" means a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country;5(e) 'refugee committee' means appellate committee on refugees constituted under section 4; and(f) "refugee registrar" means registrar for refguees appointed under section 4registration of refugees103 where an asylum seeker requests to be recognized as a refugee either at the point ofentry of any legally defined indian borders or subsequently, the refugee registrar shall act in accordance with the definition of refugee as laid down in clause (d) of section 2 todetermine whether the asylum seeker may be granted refugee status or not4 (1) in order to implement the provision of this act, the government shall appoint—constitution of registration authorities15 20(a) a registrar of refugees, having such qualification, as may be prescribed, who shall receive and consider applications for refugee status and make decisions; and(b) a refugee committee, consisting of three members, namely, a retired high court judge designated by government of india in consultation with chief justice of the supreme court of india and two independent members who shall have experience of not less than five years in refugee related matters, which shall be an appellate authority to receive and consider applications for consideration of citizenship status if the refugee fulfils the condition as laid down in this act(2) the salary and allowances payable to, and other terms and conditions of service of registrar of refugees and members of refugee committee shall be such as may be prescribed255 the refugee status shall cease to apply to any person if—ceasing of refugee status(a) he voluntarily re-avails himself of the protection of the country of hisnationality; or(b) having lost his nationality, he voluntarily re-acquires it; or30(c) he acquires a new nationality and enjoys the protection of the country of hisnew nationality; or(d) he voluntarily re-establishes himself in the country which he left or outsidewhich he remained owing to fear of persecution; or(e) he commits a crime against peace; or35(f) he no longer refuses to avail himself of the protection of the country of hisnationality because of the circumstances in connection with which he was recognized as a refugee have ceased to exist; or40general obligations(g) he commits a crime against peace, a war crime or a crime against humanity, asdefined in the international instruments drawn up to make provision in respect to such crimes 6 (1) every refugee shall abide by the laws and regulations and measures taken for themaintenance of public order(2) the central government shall apply the provisions of asylum without discriminationto race, religion or country of origin of the refugee45(3) the central government shall accord to refugees similar treatment and facilities asare available to citizens of india with respect to freedom to practice their religion and freedom as regards the religious education of their childrenregistration in case of mass influx7 to handle the situation of mass influx of refugees, the central government may appoint officers under the refugee registrar to register the refugees at the entry point of borders in accordance with the provisions of this act5| 8 ||--------------------------------------------------------------------------------------------------|| registrar and has been domiciled in a region of country for five or more years shall be eligible || to apply to refugee committee for grant of indian citizenship || granting || citizenship || rights to || refugees |57 fo 195510| ( ||----------------------------------------------------------------------------------------------|| of india and has been registered with and verified by the refugee committee of his actual || birth place shall be given the rights of citizenship in accordance with the citizenship act, || 1955 || e x c e p t i o n a l || circumstances |15| 9 ||----------------------------------------------------------------------------------------------------|| grave and exceptional circumstances, from taking such provisional measures as it considers || to be essential to the national security in the case of a particular person, pending determination || of refugee status of that person and continuance of such measures as are necessary in his || case in the interests of national security || repatriation at || free will |10 (1) the repatriation of refugees shall take place at their free volition expressed in writing or other appropriate means which shall be clearly expressed(2) the voluntary and individual character of repatriation of refugees and the need for it to be carried out under conditions of safety to the country of origin shall be respected2011 the central government shall, after due appropriation made by parliament, bylaw in this behalf, provide requisite funds to the refugee committee for carrying out the purposes of this act| 12 ||-------------------------------------------------------------------|| therewith contained in any other law for the time being in force || central || government || to provide || funds || act to have || overriding || effect |25power to make rules13 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30(2) every rule made under this 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 reasonssince independence, over forty million refugees have crossed indian borders, seeking refugee status, against a hinterland of political strife, economic inequality and ethnic tensions partition of the country led to over seven million refugees being provided emergency relief and resettlement by the ministry of rehabilitation while the issues related to their citizenship rights was, to an extent, dealt of by the ministry of rehabilitation, whereas, the issues related to their citizenship rights was, to an extent, dealt with at the time based on provisions of the citizenship act, 1955 and subsequent amendments however, the refugees from other countries were not mainstreamed in the indian populationindia is a signatory to various human rights conventions on refugees (iccpr, icecr, crc, ecerd, cedaw)—all requiring adherence to the principle of refoulement however, such international obligations have not translated into legislation at the national level refugee conditions in india's urban clusters remain parlous housing insecurity remains a significant concern, with most refugees in their areas reporting restricted access to accommodation, discrimination by landlords and eviction due to not having legal documents of citizenship in the countrythe country is a refugee haven absorbing tibetans in 1959, bangladeshis in 1971, chakmas in 1963, sri lankan tamils in 1983 onwards and afghan refugees in 1980 the largest refugee population in india do not fall under the mandate of unhcr but are nonetheless considered refugees by the government at present, there are over 1,50,000 tibetans and 90,000 sri lankans who have fled violence and persecution and sought refuge in india besides 11000 afghans and 4621 from myanmar, etc this provides the country which maintains the culture of tolerance and forbearance with the grave situation of human rights violations if these refugees have to stay as refugees all throughout their lives with generations to followas per unrwa report, of the 195 million people term refugee, just 126,800 returned to their countries of origin in 2014 in such situation it becomes a responsibility of the country to provide relief to the refugees in the situation of strife to give them freedom from arbitrary detention and protection by regularizing them in the citizenry if certain conditions are followedhence this billnew delhi;feroze varun gandhinovember 18, 2015 financial memorandumclause 4 of the bill provides for the appointment of registrar of refugee and refugee committee for receiving and considering application of refugee states clause 7 provides for appointment of officers under the refugee registrar to register the refugees at the entry point of border clause 11 provides that central government shall provide requisite funds to the refugee committee for carrying out the purposes of this act the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two hundred crore per annum would involve from consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore also likely to be involved memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for the citizenship rules of refugees and asylum seekers————(shri feroze varun gandhi, mp)gmgipmrnd—3028ls(s3)—10-12-2015

Parliament_bills

819ad572-e3bf-5c58-8bec-7e6bb4bc1c23

bill no vii 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 notificationin the official gazette, appointamendment of eighth schedule2 in the eighth schedule of the constitution, existing entries 3 to 22 shall be renumbered as entries 4 to 23 respectively and before entry 4 as so re-numbered, the following entry shall be inserted, namely:—"3 bhoti" statement of objects and reasonsboti is spoken in the himalayan regions of india from laddakh to tawang spreading through jammu and kashmir, himachal pradesh, uttrakhand, west bengal, sikkim and arunachal pradesh the glory and grace of this language is not only confining to the himalayan regions of india but also in bhutan, nepal, tibet, china, mongolia and pakistan people from different religions, regions cultures and countries are using this language which clearly shows that this language is a symbol of 'unity in diversity' the right of language is a basic cultural right of the people and interlinked with their economy, culture, social system and political right unesco recognizes the concept of language equality among all languages, irrespective of whether they have a script or nota nation marked by acute socio-cultural and linguistic diversity must lay down structures and processes that safeguard its unity and integrity keeping people out, denying them the basic human rights because of their region and language is unjustifiable and inhumane as per 1991 census, even assamese, sindhi, nepali, konkani, manipuri and kashmiri speaking population were less than bhoti speaking population bhoti is a language spoken by large number of people in the himalayan regions and it is blessed and bestowed with wisdom and prosperity it is a language of saint and poets, language of the hills and valleys, language which unites people by heart and mind, and also a language of peace and compassion five states including jammu and kashmir, sikkim, west bengal, himachal pradesh and arunachal pradesh have recognised the bhoti language the collection of buddha's teachings, tripitaka that comprises 108 volumes and tantras is also available in bhoti languagelanugage is not only a medium of communication, but it also reflects the history, culture, people, relationship, system of governance, ecology, religion, politics, etc unfortunately, the bhoti language has not been included in the eighth schedule of the constitution moreover, for eliminating the feelings of alienation and indifference from the minds of people of the himalayan regions, it is utmost necessary to include this language in the eighth schedule for want of oneness and national integrationhence this billtarun vijay annexure extract from the constitution of india eighth schedule[articles 344(1) and 351]languages1assamese2bengali3bodo4dogri5gujarati6hindi7kannada8kashmiri9konkani10maithili11malayalam12manipuri13marathi14nepali15oriya16punjabi17sanskrit18santhali19sindhi20tamil21telugu22urdu rajya sabha———— a billfurther to amend the constitution of india————(shri tarun vijay, mp)gmgipmrnd—982rs(s3)—05-08-2011

Parliament_bills

22d69d1c-1d65-589e-ad21-88835ea0922a

to lok sabha -g clr~!g'(,·nla for '~onstitution" ~ 't:ontinuation" for 'tov-a'i'ulent" 1: ~ad l~verilllent it ------- (to be/as introduced in 10k sabha) mit dji'u-li; 1 rase 2, in the marginal heading to clause 6,-th"-~ gcal min~ labcj1 \elfi~~;;' ?un) (i1zi'eal) biu, 1966 2 page 4, line 29,- _ no 43 01 1'86 t~ coal· mines labour welfare fund (repeal) bill, 1986 a billto repeal the c-oal mines labour welfclre fund act, 1947 clnd to provide for certclin mcltters incidentul thereto bii it enacted by parliament in the thirty-eeventh year of the ri!l'ublic of india as follows:-1 (1) this act may be called the coal mines labour· welfare fund shojt (repeal) act, 1988 tftie and 5 (2) it shay come into force on such date as, the central governmen~ ment may, by notilication ~ the oftlcial gazette, appoint deftni tiollll:' ~ 2 i~, thi~ act, ~ the context otherwise requires,-"(c) "the al:t" dl8uj8 the coal mines labour welfare fund act, 1947;, 3201 19, 10 -':": '(,' ', (b) ~rappoin~ d~y'; fueans· the d~te o~ which 'tm~ ~~ ~m~ in,tq force; ' ' ~ -, (c) "housing board" meana -tbe·'·coal- 'nines~ur hou, board constituted under section 6 of the act , 3 on the appointed day, the coal mines labour welfare fund act, 1947 shall stand repealed, and the coal mines labour housing board shall stand dissolved 'repeal of act 32 of 1947 and dissolution of housing board 4 on the dissolution of the housing board,-consequential provisions (a) all rights and privileges of the housing board shall become 5 the rights and privileges, respectively, of the central govemm~nt; (b) all properties, movable and immovable, including cash balances, reserve funds, investments and moneys lying to the credit of the housing board and au rights and interests in, or arising out of, such properties as were immediately before the appointed day,in the 10 owners~p, possession, power or control of the housing board, and all books of account, registers and recorda and all other documents of whatever nature relating thereto, shall vest in the central govern- ' ment; (c) all borrowings, liabilities and obligations of the housing 15 board of whatever kind and subsisting immediately before the appointed day, shall be deemed on and from such day to be the borrowings, liabilities and' obligations, as the case may be, of the central government; (d) all contracts entered into, and all matters and things engaged 20 to be done by, with or for, the housing board and subsisting immediately before the appointed day shall be deemed, on and from such day to have been entered into or engaged to be done by, with or for, the central government; , (e) all licences and permits gr~ted to the housing board and 25 in force immediately before the appointed day shall be deemed on and from such day to have been granted to the central government and shall have effect accordingly power of centnl government to curect veetlng of rights in government company 5 notwithstanding anything contained in section 4, the central g0-vernment may, if it is satisfied that a government company is willing so to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by an order in writing, that the right, title and interest of the housing board in relation to any property shall, instead of continuing to vest in it, vest in the government company (hereinafter referred to as the government company) either 35 on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the direction, and on such vesting, the uability or obligation, as the cue may be, of the housing board, in relation to such property shall, instead of continuing to be the pability or obligation of the central government, 40 become the liability or obligation, as the case may be, of the government coonpany ~ codsti tutlon of iuits, etc, ,at the cod-tral govern ment 8 (1) if, on the appointed day, any 8uit,- appeal or other p~g of whatever nature in relation to the housing board is pending by or against such board, the same shall not abate, be c:uscontinued or be in 45 any way prejudiclally affected by reason, of the d~lution of the housing board; but the suit, appeal or other proceeding may be continued, pr0-secuted and enforced by or against th,e central government or the goevernment company, as the case may be (2) where,before the' appointed day, any cause of action for any suit or proceeding or any right to appeal arose in favour of, or against, the housing board, and the institution of any suit or proceeding on such cause' of action or the filing of tluch appeal was 'not- barred ~ore the 5 appointed day, such suit or proceeding may be instituted or appeal may be filed by or against the central government or the :novemment company as the case may be 7 on the appointed day, all moneys and cash balances lying in the credit of the housing account and the general welfare account of the coal 10 mines labour housing and general welfare fund constituted under section 4 of the act, shall become part of, and be credited to, the consolidated fund of india moneys, etc, of the fudd to be credited to the consou-dated fund of indil 8 notwi~hstanding the repeal of the act, the proceeds of duty levied before the appointed day under section 3 of the act,-collection and payment of arre of duty 15 (i) if collected by the collecting agencies but not paid into the reserve bank of india; add (ii) if not collected by the collecting agencies,-shall be paid or, as the case may be, collected and paid idte the reserve bank of india for being credited to the cod80lidated 20 fund of india ~ statement of objects and reasonsthe coal mines labour welf~e fund 'act, 1947 was enacted in the year 1947 when the coal mines were almost entirely in the priva~ sector it principally provides for th~ levy and colle::tion of a duty of excise, as a cess, on all despatchea qf coal and coke and for utilising the proceeds of the cess for the welfare, of the labour employed in the coal mining industry by providing housing, water supply, medical, educational, recreational and transport facilities the w'oceeds of the cess constituted a fund called the coal mines labour housing and general welfare fund - which is apportioned under two separate accounts, namely, the hou'sing account and the general welfare account the act also provides for the constitution of a coal mines labour housing board to prepare and carry out schemes financed from the housing account and other works to be financed from the general welfare account of the fund 2 raising funds through a cess, for various measures of labour welfare under the act was conceived when the coal mines were in the private sector and the' private sector did not attach much importance to the welfare qf miners ,3 with the nationalisation of the coal industry in 1973, the context has materially changed and the coal companies in the public sector have rlssumed respoll'8ibility for looking after the welfare of their emp!oyees it is, therefore, proposed to repeal the coal mines labour welfare fund act, 1947 and thereby to abolish the levy of cess under the act consequent on such repeal, it is also proposed to dissolve the housing board established under section 6 of that act on such dissolution of the housing beard, it is also proposed to vest all the assets, rights, liabilities, obligations, etc, of the howing board in the central government and furth~ to empower the central government to vest such assets, rights, liabilities, obligations, etc, in a covernment company 4 the bill seeks to achieve the above objects nsw delhi; , vasant sathe the 11th march, 1986 president's recommendation under article 117 of the constitution of india[copy of letter no 1l02111185-csw, dated the 24th march, 1986 from shri vasant sathe, minister of energy to the secretary-general, lok sabha] the president of india, having been informed of the subject matter of the bill to provide for the repeal of the coal mines labour welfare fund act, 1947 and for matters connected therewith, reeommends the introduction of the bill in lok sabha under articl~ 117 (1) of the cons· titution of india a billto repeal the coal mines labour welfare fund act, um7 and to provide for certain matters incidental thereto (shri vas_ sathe: jlmibter 01 hergy)

Parliament_bills

8fa7a243-32a9-5274-891f-037961323607

am no 56 of 1986 - the income-tax (amendment) bill, 1988 a billfurther to amend the i'rcome-taz act, 1961 be it enacted by parliament in the thirty-seventh year of the republic (,f india as follows:-1 (1) this act may be called the income-tax 11186 - (amendment) act, short title and (2) it shall come mto force on the 1st day of april, 1987 5 commencemenl 43 of 1961 i in section 36 of the income-tax act, 1961 (hereinafter referred to as the principal act) in sub-section (1) ,-(a) after clause (ia) the following clause shall be inserted" namely:-amendmentot section 38 10 "(ib) the amount of any premium paid by cheque by the assessee as an employer to effect or to keep in· fome id insurance on the health of his employees under a scheme framed in this behalf by the general insuranee corporation ot india formed under section 9 of the general insurance business (natlonalisatton) act, 1972 nd approved ~ the ceiltraj govemmel1t;"; ,, of 19'72 i ~ (b) in clause (viia) , for the portion beginning with the words "in respect of any provision" and ending with the words ilwhichever is higher", the following shall be substituted, namely:-lein respect of any provi'sion for bad and doubtful debts made by-5 (m) a scheduled bank [not being a bank apprqved by the central government for the purposes of clause ("ma) or a bank incorporated by or under the laws of a country outside india] or a non-scheduled bank an amount not exceeding ftve per cent of the total income (computed before making 10 any deduction under this clause and chapter xia) and an amount not exceeding two per cent of the ag~gate average advances made by the rural branches of such bank computed in the prescribed manner; (b) a bank, bein~ a bank incorporated by or under the 15 laws of a country out!l:de india, an amount not exceeding flv per cent of the' total income (computed before making any deduction under this clause and chapter via) " 3 after section 80cc of the principal act, the following section shall be inserted, namely: -20 insertion of new section 80 d elrod (1) in computing the total income of an assessee, there shall be deducted, at the following rates, such sum as is specifted in sub-section (2) and paid by him by cheque in the previous year out of his income chargeable to tax, namely:-:-deduction in respect ofmedical insurance premia (i) in a case where such sum does not exceed in the aggregate :!;, three thotmand rupees, the whole of such sum; and (ii) in b'ny other case, three tbousand rupees (2) the sum referred 1x> in sub-section (1) shall be the following namely:-i , (al where the assessep is an individual, any mim paid to effect 30 or to keep in force an insurance on the health of the assessee or on the health of the wife or husband dependent parents or dependent children of thp assessee; (b) where the bflbessee is a rondu undivided family, any rum paid to effect or to keep m force an insurance on the' health of 35 any member of the family; , (e) where the assessee is an as~iatton of pel"8ons or a body of individuals consfstf~g in either ease, only of husband and wife govemedby the system of community of property in force in the ul'lion territories of dadra and nagar'havelf and goa, daman and 40 diu any lum paid to effect ot to keep m force ad inwranee <ill the health of any member of such association or body or ·on the health of the deperdent children of the members of such an association or body: 5 57 of 1972 provided that such insurance shall be in accordance with a scheme framed in this behalf by the general insurance corporation of india formed under section 9 of the general insurance business (nationalisation) act, 1972, and approved by the central government in this behalf" 4 in section 80hhb of the principal act, for the words "twenty-five 10 per cent", wherever they occur, the words "fifty per cent" shall be substituted amend· mentol section 80hhb statement of objects and reasonsthe bill seeks to amend the income-tax act, 1961 for the following purposes, namely:-(a) to allow a deduction to an employer in respect of premia paid by him by cheque for insurance on the health of his employees in accordance with a scheme framed by the general insurance corporation of india and approved by the central gove~entj (b) to provide a deduction to an assessee up to rs 3,000 a year in respect of premia paid by him by cheque for insurance,-(i) on his health or on the health of his spouse or dependent parents and children; and (ii) in the case of a hindu undivided family or association of persons or b~dy of individuals consisting of (in either case) only of husband and wife governed by the system of community of property in force in the union territories of dadrn and nagar haveli and goa daman and diu, on the health of any member of such family; (e) to provide a deduction on provisions fc?r bad debts made by all banks up to 5 per cent of their total income and an additional 2 per cent of the aggregate average advances made by rural branches of banks; and (d) to increase the admissible deduction to 50 per cent (as against 25 per cent at present) of the profits and gains of an indian company or a person (other than a company) who is resident in india and earns income from projects outside india vishwanath pratap singh new di:rm; the 3rd may, 1986 ' ··r- , - - - - - 3 •• (1) 'the deductions provided for in the following clauses shall be other allowed in respect of the matters dealt with therein, in computing the deduc_ income referred to in section 28-lions - - - - · ' (viia) in respect of any provision for bad and doubtful debts made by a scheduled bank (not being a bank approved by the central government for the purposes of clause (vuui) or a bank incorporated by or under the laws of a country outside indiit) or a non-scheduled bank, an amount not exceeding ten per cent of the total income (computed before making any deduction under this clau'se and chapter via) or an amount not ,exceeding two per cent of the aggregate average advances made by the rural branches of such bank, computed in the prescribed manner, whicheftr is higher - - - - 8ohrb (1) where the gross total 'income of an assessee being an indian company or a person (other than a company) who is reside'l1t in india includes any profits and gains derived from the' business 01-(a) the execution of a foreign project u'ndertaken by the assessee in pursuance of a contract entered into by him, or deduction in respect of profits and gains from projects outside india (b) the execution of any work undertaken by hiro and forming part of a foreign project undel'taken by any other person in pursuance o~ 11 contract entered into by such other person, with the govemme~t of a foreign state or any statutory or other public authority or agency in a foreign state, or a foreign enterprise, there shall, inaccotdance with and subject to the provisions of this ,ection, be allow«!, in -computing the total income of the assessee, a deduction from such proftts and gains of an amount equal to twenty-five per cent thereof: provided that the consideration for the execution of such proj~ or, al tbe case may be, of such work is ~yable in ccmvertible foreign exebange (2) for the purposes of this section,-(a) "convertible foreign 'exchange" means foreign exchange which 18 for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign wxchange regu-4ef 19!73 lati~n act, 1973, and any rules made thereunder; , , (b) "foreign project" means a proj~ tor-(i) the construction of any building, road, dam, bridge or other structure o""tlfde india; (ii) the assembly or installation of any machinery or plallt outside india; (ii'i) the execution of such other wqi'k (of whatever nature) as may be prescribed (3) the deduction under this section shall be allowed only if' the following conditions are fulfilled, namely:-(i) the assessee maintains separate accounts in respect of the profits and gains derived from the business of the executian of tile toreign proj,ect, or, as the case may be, of the work forming part of the fqreign project undertaken by him and, where the assessee is a person other ulan an indian company or a 'co-operative society, such accounts have been audited by an accountant as defined in the explanation below sub-section (2) of section 288 and the assessee furnishes, along with his return of income, the reaort of such audit in the prescribed form duly signed and verified by such accountant; (ii) an amount equal to twenty-five per cent of the profit1l and· gains relerred to in sub-section (1) is debited to the profit and loss account of the previous year in respect of which the deduction under this section is to be allowed and credited to a reserve account (to be called the "l"oreign projects reserve account") to be utilised by the assessee during a period of five years next following for the purposes of his business other than for distribution by way of dividends or profiti; (iii) an amount equal to twenty-five per cent of the proits and gains referred to in sub-sectio'll (1) is brought by the assessee in convertible foreign exchange into india, in accordance with the provisions of the foreign exchange regulation act, 1973 and any rules 46 of 1973 made thereunder, within a peri~ of six months from the end of the previous year referred to in clawe (ii) or, where the commissioner 1 satisfied (for reasons to be recorded in writing) that the assessee is, fol' reasans beyond his control, unable to do so within the said pel'iod of 'six months, within such further period as the commissioner may' allow in this behalf: provided that where the amount credited by the assessee to the foreign projects reserve account in pursuance of clause (iij or the amount brougj:1t into india by the blsebsee in pursuance of clause tiii) or each of the said amoltnt's is less than twenty-ave per cent of the profits and gains referred to in sub-section (l), the deduction under that sub-section shall be limited to the amount so credited ill pursuance of clauae (ii) or the amount 10 broulht into india in purluadce of clause (iii), whichever is less (4) u at any time before the expiryof five years ¥,om the end of the previous year in which the deduction under sub-lection (1) is allowed, the assessee utilis~s the amount credited to the foreign projects reserve account for distribution by w,y of dividends or proats or "for any other purpose which is not a purpose of the business of the assessee, the deduction originally allowed under sub-section (1) shall be deemed to 'have been wrongly allowed and the income-tax ojbcel' may, notwithstanding anything contained in this act, re-compute the total i11come of the assessee for the relevant previous year and make the n8clllar), amendment; and the proviliont of itction 1m lba11, 10 far ii in, be, apply thereto the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which the money was so utilised (5) notwithstanding anything contained in any other provision of this chapter under the heading "c-deductions in respect of certain incomes" no part of the consideratio'll or of the income comprised in the consideration payable to the assessee for the execution of a foreign project referred· to in clause (") of sub-section (1) or of any work referred to in clautle (b) of that sub-section shall qualify for deduction for any assessment year under any such other provision - - - - - ¥ a billfurther to amend the income-tax act, 1961 (sh7'i viahtosmth p,ctc'p singh minister of fift4'rce)

Parliament_bills

1d249125-59d5-51da-8d1f-40a8f894b2c3

bill no 33 of 2012 the constitution (scheduled tribes) order (amendment) bill, 2012 by dr raghuvansh prasad singh, mp a billfurther to amend the constitution (scheduled tribes) order, 1950be it enacted by parliament in the sixty-third year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (amendment)act, 20122 in the schedule to the constitution (scheduled tribes) order, 1950, in5co 22amendment of theschedulepart iii—bihar,—(i) the existing entry 1 shall be re-numbered as entry 1a, and before entry 1a as so re-numbered, the following entry shall be inserted, namely:—"1 amaat";10(ii) after entry 5, the following entries shall be inserted, namely:— "5a beend 5b beldar";(iii) after entry 10, the following entries shall be inserted, namely:— "10a dhanuk 10b gangaut"; (iv) after entry 12, the following entry shall be inserted, namely:—5"12a gorhi"; (v) after entry 13, the following entry shall be inserted, namely:— "13a kahar"; (vi) after entry 14, the following entry shall be inserted, namely:— "14a kewat";10(vii) after entry 22, the following entry shall be inserted, namely:— "22a mallah"; (viii) after entry 24, the following entry shall be inserted, namely:— "24a nunia"; (ix) after entry 33, the following entry shall be inserted, namely:—15"34 turha" statement of objects and reasonsin pursuance of article 342 of the constitution, the list of scheduled tribes of various states was first notified in 1950 and since then the list has been modified from time to time however, there are still certain tribes, namely, amaat, beend, beldar, dhanuk, kahar, gangaut, gorhi, kewat, mallah, nunia and turha in the state of bihar which have not yet been included in the list of scheduled tribes, in respect of that state the people belonging to these tribes are still socially, educationally and economically backward and are leading a miserable life even after decades of planned development these communities fulfill all the criteria for being included as a tribe in the constitution (scheduled tribes) order, 1950 moreover, they have also been demanding such a status for a long time therefore, conferring the status of scheduled tribe to these communities is necessary to secure justice for themthe bill seeks to achieve the above objective by amending the list of scheduled tribes in respect of the state of biharhence this billnew delhi;raghuvansh prasad singhmarch 12, 2012 financial memorandumthe bill seeks to include certain tribes in the list of scheduled tribes in respect of the state of bihar because of their social, educational and economic backwardness the bill, therefore, if enacted, would involve recurring and non-recurring expenditure on account of benefits to be provided to the persons belonging to these communities under continuing schemes meant for development of the scheduled tribes from the consolidated fund of india at this stage, it is not possible to give the exact amount to be incurred on this account however, it is estimated that a sum of approximately rupees one hundred crore would be involved as a recurring expenditure per annuma non-recurring expenditure of about rupees fifty crore is also likely to be involved annexure extract from the constitution (scheduled tribes) order, 1950co 22 the schedule part iii - bihar1 asur [agaria] 2 baiga 3 banjara 4 bathudi 5 bedia 6 bijhia 7 birhor 8 birjia 9 chero10 chik baraik 11 gond 12 gorait 13 ho 14 karmali 15 kharia 16 kharwar 17 khond 18 kisan 19 kora [nagesia] 20 korwa [mudi-kora] 21 lohara, lohra 22 mahli 23 mal paharia 24 munda [kumarbhag paharia] 25 oraon [patar] 26 parhaiya [dhangar oraon] 27 santal28 sauria paharia 29 savar 31 kawar 32 kol 33 tharu ———— a bill further to amend the constitution (scheduled tribes) order, 1950————(dr raghuvansh prasad singh, mp)

Parliament_bills

2fc77af1-1c36-5a7d-a7f1-cc526f6b3b0d